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U.S. v. STORY

No. 04-41323.

439 F.3d 226 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Paul Jerome STORY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 2, 2006.

Attorney(s) appearing for the Case

Tracey M. Batson, Asst. U.S. Atty., Plano, TX, for U.S.

Denise S. Benson, Amy R. Blalock, Asst. Fed. Pub. Defenders, Tyler, TX, for Story.

Before GARWOOD, PRADO and OWEN, Circuit Judges.

PRADO, Circuit Judge:

Paul Jerome Story appeals his sentence contending that the district court improperly calculated his base level offense using facts not found by a jury or admitted by plea, in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The government responds that the district judge provided an alternative sentence in the event that Booker declared the Federal Sentencing...

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