United States Fifth Circuit

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US v. EVERIST, 03-20059

Trial court did not plainly err, either by failing to consider appropriate factors for the imposition of a partially concurrent sentence under 18 U.S.C. section 3553(c) or by failing to communicate its reasoning in open court; the court had already explained its displeasure with the severity of defendant's conduct, including his recidivism as respects bank robberies.

Appellate Information

  • Decided 04/27/2004
  • Published 04/27/2004


  • JERRY E. SMITH, Circuit Judge:, Before GARWOOD, HIGGINBOTHAM and SMITH, Circuit Judges.


  • United States Fifth Circuit


  • For Appellees:
  • Scott G. Hilderman (argued), Tony Ray Roberts, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Molly E. Odom (argued), Houston, TX, for Defendant-Appellant.