United States Fifth Circuit

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US v. PHIPPS, 03-10427

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


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


  • United States Fifth Circuit


  • 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.