U.S. v. MILLS

No. 91-1841.

959 F.2d 516 (1992)

UNITED STATES of AMERICA, Plaintiff-Appellee, v. Gary Thomas MILLS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 2, 1992.


Attorney(s) appearing for the Case

Smith & Douglass, Wichita Falls, Tex., Gary Cohen, Austin, Tex., and William T. Habern, Riverside, Tex., for Gary T. Mills.

Richard Roper, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before JOLLY, and HIGGINBOTHAM, Circuit Judges, and WILLIAMS, District Judge.


SPENCER WILLIAMS, District Judge:

Defendant-Appellant Gary Mills appeals the imposition of that portion of his criminal sentence which forbids him to work in the car sales business during his period of supervised release. The sentence was imposed after he pled guilty to the charges of mail fraud and altering odometers on cars sold from his GM dealership. We reject Appellant's contention that the occupational restriction is tantamount to an upward departure from the...

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