United States Fifth Circuit

Defendant's sentence following the revocation of his supervised release is affirmed where: 1) defendant failed to meet his burden of establishing a reasonable probability that the district court's consideration of an incorrect advisory range affected his sentence; and 2) the court of appeals declined to exercise its discretion to remand for resentencing.

Appellate Information

• Decided 04/07/2010
• Published 04/07/2010

Judges

• KING, Circuit Judge:, Before KING, JOLLY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• James Wesley Hendrix, Asst. U.S. Atty. (argued), Dallas, TX, Robert Austin Klinick, Nancy E. Larson, Asst. U.S. Attorneys, Fort Worth, TX, for Plaintiff-Appellee., William Reynolds Biggs, Asst. Fed. Public Def. (argued), Dallas, TX, for Defendant-Appellant.