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   Federal Courts - 5th Circuit Court of Appeals - February 6, 2006

  
United States v. Whavers, No. 04-61162 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 6, 2006, Filed
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Overview: The government's motion to dismiss an appeal was denied because, even though defendant waived his right to appeal, the waiver was not knowing and voluntary. His sentence was vacated, and the case was remanded because the government could not show that the court's Sixth Amendment Booker error did not affect defendant's sentence.

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