U.S. v. LOPEZ

No. 88-2765.

875 F.2d 1124 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Javier LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 12, 1989.


Attorney(s) appearing for the Case

Patrick J. McGuire, Corpus Christi, Tex. (Court-appointed), for defendant-appellant.

Paula C. Offenhauser, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, RUBIN and DAVIS, Circuit Judges.


CLARK, Chief Judge:

Javier Lopez pleaded guilty to one count of possessing an unregistered firearm, which had an altered serial number in violation of 26 U.S.C. § 5861(d). On appeal, he challenges only his sentence. Lopez contends that the sentencing court improperly departed from the sentencing guidelines. The court's stated reasons for departing from the guidelines were, in part, improper and otherwise not sufficiently articulated. We vacate the sentence and...

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