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*Circuit Judge for the Ninth Circuit, sitting by designation.
**Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 17, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 02-30852
UNITED STATES OF AMERICA
Plaintiff - Appellee,
VERSUS
NORBEY E. RABORN,
Defendant - Appellant.
Appeal from the United States District Court
For the Western District of Louisiana, Shreveport
01-CR-50050-ALL
Before DAVIS, HALL*, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:**
The district court erred by sentencing Raborn in his absence.
See Fed.R.Crim.P.43; United States v. Moree, 928 F.2d 654, 656(5th
Cir. 1991). It is therefore ordered that Raborn’s sentence be
vacated and the matter remanded.
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2
VACATED AND REMANDED.
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