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U.S. v. ZAPATA-LARA

No. 09-40627.

615 F.3d 388 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Hector M. ZAPATA-LARA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 13, 2010.

Attorney(s) appearing for the Case

Julia Bowen Stern (argued), James Lee Turner, Asst. U.S. Attys., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Sarah Beth Landau (argued) and Molly Estelle Odom, Asst. Fed. Pub. Defenders, Houston, TX, for Defendant-Appellant.

Before DAVIS, SMITH and HAYNES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Hector Zapata-Lara appeals the application of a sentence enhancement for possession of a dangerous weapon. Because the district court failed to find either that Zapata-Lara possessed the weapon or that a co-conspirator possessed the weapon and that that possession was foreseeable to Zapata-Lara, we vacate the sentence and remand for resentencing.

I.

Zapata-Lara pleaded guilty to conspiring to possess with the intent...

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