U.S. v. MEDINA-GUTIERREZ

No. 92-2094.

980 F.2d 980 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar MEDINA-GUTIERREZ and Fulton Stevens, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 2, 1993.


Attorney(s) appearing for the Case

Ivan R. Lopez DeVictoria, Houston, Tex. (Court-appointed), for Medina-Gutierrez.

Jerome Godinich, Jr., Houston, Tex. (Court-appointed), for Stevens.

E.W. Barnett, Paula Offenhauser, Kathlyn G. Snyder, Kira Larson Jennings, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, Tex., for U.S.

Before KING, JOHNSON, and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

Defendants were convicted for firearms offenses, and appeal their sentences. Finding no error, we affirm defendant Stevens's sentence. Because the district court improperly departed upward from the sentencing guidelines when sentencing Gutierrez, however, we vacate his sentence and remand for resentencing.

BACKGROUND

In 1990 and 1991 Appellant Stevens repeatedly purchased guns from Texas pawn shops, intending to resell them...

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