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U.S. v. WILLIAMS

No. 09-50059.

602 F.3d 313 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Maria Henrietta WILLIAMS, also known as Maria H. Williams, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 2010.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. (argued) and Ellen A. Lockwood, Asst. U.S. Attys, San Antonio, TX, for U.S.

M. Carolyn Fuentes (argued) and Henry Joseph Bemporad, Fed. Pub. Defenders, San Antonio, TX, for Williams.

Before GARZA, DeMOSS and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Maria Williams appeals her conviction on two counts of forcible assault of a federal officer under 18 U.S.C. § 111(a)(1). She also argues that an undisputed Apprendi error at sentencing requires the court to vacate her sentence and remand for resentencing. We affirm in part and vacate and remand in part.

FACTS AND PROCEEDINGS

Maria Williams was arrested on May 31, 2008, in El Paso for forcibly resisting...

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