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U.S. v. YI

No. 05-20144.

451 F.3d 362 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Zheng Xiao YI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 5, 2006.

Attorney(s) appearing for the Case

Michael Brody Kusin (argued), James Lee Turner and John Richard Berry, Asst. U.S. Attys., Houston, TX, for U.S.

David M. Samel (argued), Jeffrey Samel & Partners, New York City, for Yi.

Before GARWOOD, HIGGINBOTHAM and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

The defendant appeals his conviction and sentence for six counts of trafficking in counterfeit goods, in violation of 18 U.S.C. § 2320. For the following reasons, we affirm his conviction, vacate his sentence, and remand for resentencing.

I. FACTS AND PROCEEDINGS

Zheng Xiao Yi ("Zheng") owned XYZ Trading Corp. ("XYZ"), a discount retail store in Houston, Texas. In...

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