U.S. v. HARDIN

No. 05-50312.

437 F.3d 463 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Vernon HARDIN, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 23, 2006.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt (argued), San Antonio, TX, for U.S.

Richard Gale Ferguson (argued), Waco, TX, for Hardin.

Before JONES, Chief Judge, and DeMOSS and OWEN, Circuit Judges.


DeMOSS, Circuit Judge:

We recall the mandate, withdraw the opinion filed on December 29, 2005, and substitute the following:

Daniel Vernon Hardin, Jr. pleaded guilty to a one-count indictment for the attempt to manufacture an unspecified amount of methamphetamine and appeals his sentence on the grounds that the district court erred: (1) in denying Hardin's request for appointment, under the Criminal Justice Act (the "CJA"), 18 U.S.C. § 3006A(e), of an...

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