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U.S. v. GODOY

No. 17-10838.

890 F.3d 531 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Eliseo Benjamin GODOY, also known as Eliseo Galindo, also known as Carlos Garcia, also known as Eliseo Godoy, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed May 14, 2018.

Attorney(s) appearing for the Case

Brian W. Portugal , Russell William Fusco , James Wesley Hendrix , Assistant U.S. Attorneys, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Brandon Elliott Beck , Federal Public Defender's Office, Northern District of Texas, Lubbock, TX, Aisha J. Dennis , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.

Before OWEN, SOUTHWICK, and WILLETT, Circuit Judges.

In this sentencing appeal, Eliseo Godoy contends the district court should have used the 2015 Sentencing Guidelines (those in effect when he committed his offense) rather than the 2016 Guidelines (those in effect when he was sentenced). The post-offense Guidelines, complains Godoy, impose a higher sentencing range...

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