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U.S. v. SMITH

No. 05-30079.

442 F.3d 868 (2006)

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

United States Court of Appeals, Fifth Circuit.

March 9, 2006.

Attorney(s) appearing for the Case

Cristina Walker, Asst. U.S. Atty., Shreveport, LA, for Plaintiff-Appellee.

James Craig Stevens, Law Office of James C. Stevens, Shreveport, LA, for Defendant-Appellant.

Before JONES, Chief Judge, and WIENER and PRADO, Circuit Judges.

PER CURIAM:

Defendant-Appellant Terry Smith appeals her sentence for making a false statement to a federal agent, to which crime she pleaded guilty. Relying on the Supreme Court's decision in United States v. Booker,1 she contends that the district court erred in enhancing her sentence under the then-mandatory Sentencing Guidelines ("U.S.S.G.") based on facts found by the judge, but which were neither admitted by her nor found by...

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