Legal Opinion

United States v. Freeman

Court of Appeals for the Fifth Circuit

Decided December 23, 2005No. 04-30037PublishedCited by 80 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Jerry Freeman challenges his conviction of and sentencing for conspiracy, wire fraud, travel fraud, and money laundering. Although the district court correctly decided most of the issues on appeal, it did commit reversible error under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). For this reason, we affirm the conviction but vacate and remand for resentencing.

I

Freeman was indicted alongside co-defendant Motillal Sudeen on 1 count of conspiracy in violation of 18 U.S.C. § 371, 14 *373counts of wire fraud in violation of 18 U.S.C. §…

2Cases cited34 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. United States v. MaresCourt of Appeals for the Fifth Circuit · 2005
  5. United States v. Martin Gonzalez MunozCourt of Appeals for the Fifth Circuit · 1998

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3Cited by80 opinions

  1. Global-Tech Appliances, Inc. v. SEB S. A.Supreme Court of the United States · 2011
  2. United States v. PeltierCourt of Appeals for the Fifth Circuit · 2007
  3. United States v. Lopez-VelasquezCourt of Appeals for the Fifth Circuit · 2008
  4. United States v. WhitfieldCourt of Appeals for the Fifth Circuit · 2009
  5. Waste Management of Louisiana v. River Birch, IncoCourt of Appeals for the Fifth Circuit · 2019

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