U.S. v. ROJAS ALVAREZ

No. 04-51006.

451 F.3d 320 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Lidia ROJAS ALVAREZ; Humberto Pinon, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 1, 2006.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Mara A. Blatt, San Antonio, TX, for U.S.

Alexander Lee Calhoun, Law Office of Alex Calhoun, Austin, TX, for Alvarez.

Before GARWOOD, HIGGINBOTHAM and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

In this action, two co-defendants appeal their convictions. We vacate all counts of conviction as to one defendant. As to the other defendant, we vacate three counts of conviction and remand with instructions to enter convictions on the lesser-included offenses and to resentence. In all other respects, we affirm.

I. FACTS AND PROCEEDINGS

Lidia Alvarez ("Alvarez") and several members of her extended family sold...

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