U.S. v. SAUSEDA

No. 08-51219.

596 F.3d 279 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Frankie A. SAUSEDA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 4, 2010.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Elizabeth Berenguer, Asst. U.S. Attys., San Antonio, TX, for U.S.

Steven Gregory White (Court-Appointed), Naman, Howell, Smith & Lee, P.L.L.C., Waco, TX, for Sauseda.

Before KING, BARKSDALE and ELROD, Circuit Judges.


PER CURIAM:

Frankie A. Sauseda challenges only his sentence, contending the district court erred by applying the two-level enhancement under Sentencing Guideline § 2D1.1(b)(10)(A)(i) (for offense involving the unlawful discharge, emission, or release of hazardous substance). CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING.

I.

On 23 June 2008, McGregor, Texas, Police Department Officers...

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