United States Fifth Circuit

Defendant's conviction for unlawful possession of a firearm is affirmed over a claim that evidence was seized pursuant to a search warrant issued without probable cause, and his sentence is vacated where, although there was no abuse of discretion in failing to grant him an acceptance-of-responsibility reduction at sentencing, the district court committed Booker error which was not harmless.

Appellate Information

• Decided 09/25/2006
• Published 09/26/2006

Judges

• OWEN, Circuit Judge:, Before JOLLY, PRADO and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Margaret M. Embry, San Antonio, TX, for U.S., John J. Fahle, III, Carter & Fahle, San Antonio, TX, for Cordero.