the juror was not asleep or that the government’s explanation was pretextual, it was not clear error to conclude that the defendants had failed to meet their burden of persuasion. The convictions are AFFIRMED. The sentences are VACATED and REMANDED for resentencing. * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. 1 . At least one person whose identity the Tisdales used was not deceased. Apparently he had been confused with a recently deceased man by the same name and approximate age. 2 . The co-conspirators were usually paid $1,200 for their participation in a vehicle transaction. 3 . United States v. Villegas, 404 F.3d 355, 359 (5th Cir.2005) (<HOLDING>). 4 . Gall, 128 S.Ct. at 597; United States v.
holding that waiver of right to appeal sentence in plea agreement accepted before decision in united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 was not invalidated by change in law holding that united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 does not provide a basis for a sentence reduction under 18 usc  3582c holding that united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did not alter the standard of review for the interpretation and application of the guidelines holding that the changes in sentencing law imposed by united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did not render waiver of appeal involuntary and unknowing holding that united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 did nothing to alter the rule that judges cannot depart below a statutorily provided minimum sentence except upon the governments motion on the basis of substantial assistance