United States Fifth Circuit

Defendant, convicted of possession of a firearm by a convicted felon, unsuccessfully appeals from a discretionary upward departure applied pursuant to U.S.S.G. section 4A1.3. District court did not exceed the scope of the circuit court's mandate by reconsidering the imposition of an upward departure, and such departure was justified.

Appellate Information

• Decided 01/20/2004
• Published 01/20/2004

Judges

• CARL E. STEWART, Circuit Judge:, Before GARWOOD, JONES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Delonia Anita Watson, Fort Worth, TX, Robert Lee Webster, Asst. U.S. Atty. (argued), Dallas, TX, for Plaintiff-Appellee., Ira Raymond Kirkendoll, Fed. Pub. Def., Dallas, TX, for Defendant-Appellant.