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U.S. v. NIX

No. 10-13130. Non-Argument Calendar.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. THOMAS EDWARD NIX, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed February 28, 2011.

DO NOT PUBLISH

PER CURIAM:

Thomas Edward Nix appeals his 51-month sentence—above the applicable Guidelines range of 27 to 33 months—following his conviction for bank fraud, in violation of 18 U.S.C. § 1344. After careful review, we affirm.

I.

Nix argues that the district court erred in imposing an upward departure without providing notice, as required by Federal Rule of Criminal Procedure 32(h), and without following...

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