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Legal Opinion

United States v. Walters

Court of Appeals for the Fifth Circuit

Decided July 21, 2005No. 04-20669PublishedCited by 172 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

DefendanU-Appellant Jason Paul Walters (“Walters”) pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) (“count 1”), and to using or carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A) (“count 2”). He appeals the 15-month sentence imposed on the basis of count 1 pursuant to United States v. Booker, 543 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Because we find that the error in this case was not harmless, we VACATE Walters’s sentence and REMAND for…

2Cases cited9 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. United States v. BookerSupreme Court of the United States · 2004
  3. United States v. OlanoSupreme Court of the United States · 1993
  4. Neder v. United StatesSupreme Court of the United States · 1999
  5. United States v. MaresCourt of Appeals for the Fifth Circuit · 2005

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3Cited by172 opinions

  1. United States v. Gomez-HerreraCourt of Appeals for the Fifth Circuit · 2008
  2. United States v. Jesus Adrian Beng-SalazarCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. StoryCourt of Appeals for the Fifth Circuit · 2006
  4. United States v. Murillo-LopezCourt of Appeals for the Fifth Circuit · 2006
  5. United States v. Mejia-HuertaCourt of Appeals for the Fifth Circuit · 2007

167 more not listed; retrieve them via the Exa API.

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