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U.S. v. GALICIA

No. 20-40200.

983 F.3d 842 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis GALICIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED December 28, 2020.

Attorney(s) appearing for the Case

Paula Camille Offenhauser , Carmen Castillo Mitchell , Assistant U.S. Attorneys, Ryan K. Patrick , U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff—Appellee.

Marjorie A. Meyers , Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant—Appellant.

Before Haynes, Higginson, and Oldham, Circuit Judges.

Jose Luis Galicia appeals his sentence. He argues that the district court erred in applying a sentencing enhancement under U.S. Sentencing Guidelines § 2D1.1(b)(12) for maintaining a premises to distribute drugs because he stored drugs in his garage on an infrequent basis and only for brief periods of time. Because we...

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