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Federal Courts -
5th Circuit Court of Appeals - March 2, 2006
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United States v. Gainer, No. 04-41695 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2006, Filed
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Overview: Circumstantial evidence supported jury's conclusion that defendant was aware of concealed marijuana, 21 U.S.C.S. § 841. Evidence included defendant's dubious explanation for almost 4000-mile round trip from Peoria, Illinois, to Guadalajara, Mexico, over few days, and substantial and obvious alterations made to van in order to accommodate marijuana.
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United States v. Gonzalez-Lopez, No. 04-41532 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2006, Filed
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Overview: Defendant's conviction for violating 8 U.S.C.S. § 1326 was affirmed, but his sentence was vacated and remanded for resentencing since, under the harmless error standard of review, the record provided no indication, and the government had not shown, that the district court would not have sentenced defendant differently under an advisory USSG system.
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