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U.S. v. COIL

No. 04-51110.

442 F.3d 912 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. John Kenneth COIL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 14, 2006.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, Bruce A. Taylor, U.S. Dept. of Justice, Crim. Div., Washington, DC, for U.S.

John J. Fahle, III, Carter & Fahle, San Antonio., TX, for Coil.

Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

John Kenneth Coil appeals his conviction and sentence following unconditional guilty pleas to charges of a violation of 18 U.S.C. § 1465 for transportation of obscene materials in interstate commerce for sale or distribution, and a violation of 18 U.S.C. § 1341 for mail fraud by mailing a false IRS Form 1040. Coil argues on appeal that the District Court erred by (1) imposing a sentence above the statutory maximum and in violation...

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