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U.S. v. GOULD

No. 06-11058.

529 F.3d 274 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Rashad GOULD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 21, 2008.

Attorney(s) appearing for the Case

Charles William Brown (argued), Dallas, TX, for U.S.

David Lawrence Horan (argued), Andrew O. Wirmani, Jones Day, Dallas, TX, for Gould.

Before DAVIS and SOUTHWICK, Circuit Judges, and CLARK, District Judge.

SOUTHWICK, Circuit Judge:

Carlos Rashad Gould pled guilty to conspiracy to possess with intent to distribute 50 grams or more of crack cocaine and to possession of a firearm in furtherance of the drug offense. On appeal, he challenges his sentence. We agree with his argument, and therefore vacate and remand for resentencing.

I. FACTUAL AND PROCEDURAL BACKGROUND

On May 9, 2005, members of the Wichita Falls Police Department Organized Crime Unit and...

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