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U.S. v. AGUIRRE-VILLA

No. 05-50978.

460 F.3d 681 (2006)

UNITED STATES, Plaintiff-Appellee, v. Roberto AGUIRRE-VILLA, a/k/a Jose Hernandez, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 15, 2006.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood, San Antonio, TX, for U.S.

M. Carolyn Fuentes, Lucien B. Campbell, Fed. Pub. Def., San Antonio, TX, for Defendant-Appellant.

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:

Treating the petition for rehearing as a petition for en banc rehearing, the petition for rehearing is DENIED. Treating the petition for rehearing as a petition for panel rehearing, the petition for rehearing is GRANTED for the limited purpose of withdrawing the prior panel opinion and substituting this opinion therefor.

This is a post-Booker case in which Appellant Roberto Aguirre-Villa ("Aguirre...

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