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U.S. v. VALDEZ

No. 04-50499.

453 F.3d 252 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Cesar Arrnoldo VALDEZ, Hector Raul Valdez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 15, 2006.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Randolph Stelmach, Asst. U.S. Atty. (argued), San Antonio, TX, for Plaintiff-Appellee.

John Aloysius Convery (argued), Hasdorff & Convery, San Antonio, TX, for Cesar Arrnoldo Valdez.

Before SMITH, GARZA and OWEN, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Hector and Cesar Valdez appeal their convictions and sentences on various drug charges. We affirm the convictions and Hector's sentence. We vacate Cesar's sentence and remand for re-sentencing.

I.

This case involves a drug conspiracy to transport large quantities of marijuana and, on at least two occasions, cocaine from Del Rio, Texas, to Dallas, Texas. Five defendants were charged in an eight-count indictment for their...

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