United States v. Sauseda
Court of Appeals for the Fifth Circuit
1Per curiam
Frankie A. Sauseda challenges only his sentence, contending the district court erred by applying the two-level enhancement under Sentencing Guideline § 2Dl.l(b)(10)(A)(i) (for offense involving the unlawful discharge, emission, or release of hazardous substance). CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RE-SENTENCING.
I
On 23 June 2008, McGregor, Texas, Police Department Officers arrived at Sauseda’s residence to execute a warrant. When the door was opened, the Officers noticed a strong chemical odor. Sauseda and three others were ordered to exit the residence.
Officers from the…
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