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U.S. v. PENNELL

No. 03-50926.

409 F.3d 240 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Ray PENNELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 1, 2005.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba (argued), San Antonio, TX, for U.S.

Stephen M. Orr (argued), Orr & Olavson, Austin, TX, for Pennell.

Before DAVIS, SMITH and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant-Appellant Terry Ray Pennell (Pennell), appeals his conviction on four counts of money laundering under 18 U.S.C. § 1956 on the ground that the evidence is insufficient to support his conviction. In addition, Pennell challenges the calculation of loss in his pre-sentence investigation report (PSR) and also argues that the district court committed Booker error by using extra-verdict facts to compute the loss under...

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