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United States Fifth Circuit


US v. Simmons, 08-10775

Defendant's sentence for assault under color of state law is vacated, where the sentence was procedurally unreasonable because: 1) the District Court erred by assuming that "extraordinary circumstances" were required to permit departure from the Guidelines; and 2) the court believed it had no alternative but to impose a life sentence.

Appellate Information

  • Decided 05/18/2009
  • Published 05/18/2009

Judges

Court

  • United States Fifth Circuit

Counsel

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