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U.S. v. FARIAS

No. 05-40468.

481 F.3d 289 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Valencia FARIAS, also known as Jorge Luis Farias-Valencia, also known as "George" Farias, also known as "Joe" Farias; Adrian Valencia Farias, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 12, 2007.

Attorney(s) appearing for the Case

Heather Harris Rattan, Asst. U.S. Atty., Plano, TX, Vijay Shanker (argued), U.S. Dept. of Justice, Washington, DC, for U.S.

Denise S. Benson (argued), Amy R. Blalock, Asst. Fed. Pub. Defenders, Tyler, TX, for Jorge Farias.

Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

ON PETITION FOR REHEARING

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Adrian Farias is correct that there is a misstatement in our opinion, but that misstatement is of no moment. We stated that "the indictment charged, and the jury found Adrian guilty of, § 841(b)(1)(A), not § 841 in general, triggering the ten-year minimum," but more precisely put, the indictment alleged a conspiracy under § 846 to violate § 841(a),

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