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U.S. v. SHAW

No. 89-2388 Summary Calendar.

891 F.2d 528 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby Charles SHAW, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 26, 1989.

Attorney(s) appearing for the Case

Peter Doyle, Port Arthur, Tex. (Court-Appointed), for defendant-appellant.

James Jenkins, Jr., Asst. U.S. Atty., Bob Wortham, U.S. Atty., Beaumont, Tex., for plaintiff-appellee.

Before POLITZ, GARWOOD, and JOLLY, Circuit Judges.

POLITZ, Circuit Judge:

Bobby Charles Shaw entered a guilty plea to a charge of theft of an interstate shipment of freight, 18 U.S.C. § 659 and was sentenced to imprisonment for 60 months. He appeals his sentence. Finding that the district court departed from the Guidelines without an adequate explanation, we vacate the sentence and remand for resentencing.

Background

Shaw was a driver for TAT Trucking Company. He was assigned a cargo of Dom...

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