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U.S. v. BRAZELL

No. 06-30102.

489 F.3d 666 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Wayne BRAZELL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 15, 2007.

Attorney(s) appearing for the Case

Camille Ann Domingue, Asst. U.S. Atty., Lafayette, LA, for U.S.

Rebecca L. Hudsmith, Fed. Pub. Def., Lafayette, LA, for Brazell.

Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Robert Brazell appeals the application of a two-point enhancement at sentencing. We reverse and remand.

I.

Brazell was indicted in the Southern District of Alabama in October 2004 for wilful failure to pay state court-ordered child support payments from April 2000 to April 2004 in violation of 18 U.S.C. § 228(a)(3). The case was transferred by consent to the Western District...

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