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U.S. v. WOODS

No. 04-11058.

440 F.3d 255 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Wayne WOODS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 13, 2006.

Attorney(s) appearing for the Case

Renee Harris Toliver (argued), Nancy E. Larson, Asst. U.S. Atty., Fort Worth, TX, for U.S.

George Andrew Platt (argued), Westfall, Platt & Cutrer, Fort Worth, TX, for Woods.

Before DAVIS, SMITH and DENNIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Gregory Wayne Woods pleaded guilty to a single count of bank fraud in violation of 18 U.S.C. § 1344. He appeals his 46-month sentence pursuant to United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because Woods preserved his claim of error and the Government cannot demonstrate the error was harmless, we VACATE Woods' sentence and REMAND to the district court for...

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