United States Fifth Circuit

Upward departure through consecutive sentencing, imposed on remand, was both warranted by the existence of aggravating factors and reasonable in degree; defendants' conduct was extreme (U.S.S.G. section 5K2.8) and their victim suffered extreme psychological injury (section 5K2.3).

Appellate Information

• Decided 04/26/2004
• Published 04/26/2004

Judges

• CARL E. STEWART, Circuit Judge:, Before JOLLY, DUHÉ and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lawrence Brown (argued), The Brown Firm, Fort Worth, TX, for Phipps., Peter Michael Fleury, Asst. Fed. Pub. Def. (argued), Fort Worth, TX, for Gilley.


• For Appellees:
  
• Delonia Anita Watson (argued), Fort Worth, TX, for Plaintiff-Appellee.