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UNITED STATES v. CORTEZ

No. 04-10152 Summary Calendar.

413 F.3d 502 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Domingo CORTEZ, also known as J.D. Cortez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 16, 2005.

Attorney(s) appearing for the Case

Roger L. McRoberts, Lubbock, TX, for Plaintiff-Appellee.

Juan Domingo Cortez, Fort Worth, TX, for Defendant-Appellant.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:

We granted panel rehearing in light of the holding in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005) that Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004) is applicable to the federal sentencing guidelines. We now withdraw our earlier opinion and substitute the following. See FED. R. APP. P. 40(a)(4)(C...

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