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U.S. v. JOHNSTON

No. 08-10120.

559 F.3d 292 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Tiffany Michelle JOHNSTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 10, 2009.

Attorney(s) appearing for the Case

James Jefferson Dewald (argued), U.S. Attorney's office, Dallas, TX, for U.S.

William Ernest Hermesmeyer (argued), Fed. Defender's Office, Fort Worth, TX, for Johnston.

Before SMITH and SOUTHWICK, Circuit Judges, and RODRIGUEZ, District Judge.

JERRY E. SMITH, Circuit Judge:

Tiffany Johnston ("Tiffany") appeals her sentence. We vacate and remand for resentencing.

I.

Tiffany's husband Jason Johnston, along with Cleties Conley, escaped from prison and made their way to a friend's house. Jason called Tiffany to pick him up and asked her to bring his handgun. She obligingly packed the weapon in the trunk of her car, loaded her son into the back seat...

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