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   Federal Courts - 5th Circuit Court of Appeals - February 22, 2007

  
United States v. Hillsman, No. 06-20087, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2007, Filed
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Overview: Defendant's conviction was affirmed since, even though the district court responded to a note from the jury without giving defense counsel a chance to object, there was no Sixth Amendment violation; it was not a critical stage and the district court's response was not materially different than that which both parties recommended.

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United States v. Kearns, No. 03-50198 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2007, Filed
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Overview: Sentence imposed following revocation of defendant's supervised release was affirmed on appeal where defendant continued to violate terms of his release despite district court's leniency and warnings, sentence imposed was within applicable USSG range for each violation of supervised release, and the 18 U.S.C.S. § 3553(a) factors were considered.

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United States v. McLymont, No. 06-40325 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2007, Filed
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Overview: Defendant's 18-month sentence was affirmed since his appeal was subject to plain error review, and he could not overcome the confusion in the federal circuit courts regarding the lawfulness of the grouping instructions in the U.S. Sentencing Guidelines Manual § 2J1.6 commentary to establish that the district court's error was clear and obvious.

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United States v. McLymont, No. 06-40375 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2007, Filed
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United States v. Meraz-Mejia, No. 06-50382 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2007, Filed
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United States v. Rhodes, No. 06-10189 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2007, Filed
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Overview: Defendant's 180-month sentence for violating 18 U.S.C.S. § 2241(c) was affirmed because the factors cited by the district court supported the non-USSG sentence and defendant could not show that the district court committed plain error by not giving him notice under Fed. R. Crim. P. 32(h) that it would impose a non-USSG sentence.

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