U.S. v. MUNOZ

No. 04-40481.

408 F.3d 222 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Rufino Serna MUNOZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 23, 2005.


Attorney(s) appearing for the Case

Renata Ann Gowie, James Lee Turner, John B. Kinchen (argued), Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks (argued), Asst. Fed. Pub. Def., Jason Bradford Libby, Houston, TX, for Munoz.

Before REAVLEY, JOLLY and PRADO, Circuit Judges.


PRADO, Circuit Judge:

Appellant Rufino Serna Munoz challenges his sentence in this appeal. After considering his arguments, the court vacates Munoz's sentence and remands this case for resentencing.

Background of the Case

Munoz was a party to a Ponzi scheme that defrauded numerous individuals by convincing them to turn over funds under the false pretense that they would be invested in legitimate enterprises.1 Early...

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