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U.S. v. SERFASS

No. 11-10719.

684 F.3d 548 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Shawn Daniel SERFASS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 15, 2012.

Attorney(s) appearing for the Case

Leigha Amy Simonton , Asst. U.S. Atty., Dallas, TX, for Plaintiff-Appellee.

Anthony Hamilton Green , Law Office of Anthony Green, Fort Worth, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and WIENER and GRAVES, Circuit Judges.

WIENER, Circuit Judge:

Defendant-Appellant Shawn Daniel Serfass pleaded guilty to possessing methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The district court applied a two-level sentencing enhancement under United States Sentencing Guidelines ("U.S.S.G.") § 2D1.1(b)(5)1 based on the government's proof that the offense involved the importation of methamphetamine. The court did so despite Serfass...

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