U.S. v. ARMENDARIZ

No. 05-20427.

451 F.3d 352 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Horacio ARMENDARIZ, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 5, 2006.


Attorney(s) appearing for the Case

Jeffery Alan Babcock (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def. (argued), Houston, TX, for Armendariz.

Before KING, BARKSDALE and DENNIS, Circuit Judges.


KING, Circuit Judge:

The government appeals the five-year prison sentence of Horacio Armendariz, who pleaded guilty to the offense of use of the Internet to attempt to entice a minor between twelve and fifteen years of age to engage in sexual activity that would constitute an Aggravated Sexual Assault crime under TEX. PENAL CODE ANN. § 22.021, in violation of 18 U.S.C. § 2422(b). Specifically, the government argues that the district court's failure to impose...

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