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U.S. v. ZAMORA-VALLEJO

No. 05-40092.

470 F.3d 592 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Fermin ZAMORA-VALLEJO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 17, 2006.

Attorney(s) appearing for the Case

Tony Ray Roberts, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before JOLLY, DAVIS and BENAVIDES, Circuit Judges.

BY THE COURT:

In an opinion issued in this case on October 23, 2006, we indicated that the government had not cited or distinguished several controlling precedents. The court was in error in the sense that, because of the decision in United States v. Booker1 and Hurricane Katrina, resolution of this case was delayed and the court failed to notice that the original briefs were filed on August 19, 2005, before several of the controlling...

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