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U.S. v. McCULLOUGH

No. 94-10836 Conference Calendar.

46 F.3d 400 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Tony McCULLOUGH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 15, 1995.

Attorney(s) appearing for the Case

Jill Bindler, Asst. Federal Public Defender, Ira R. Kirkendoll, Federal Public Defender, Dallas, TX, for appellant.

Rebecca A. Gregory, Asst. U.S. Atty., Paul E. Coggins, U.S. Atty., Dallas, TX, for appellee.

Before POLITZ, Chief Judge, HIGGINBOTHAM and DeMOSS, Circuit Judges.

POLITZ, Chief Judge:

Tony R. McCullough pleaded guilty to theft of money from a bank and was sentenced to five years probation, later modified to three years probation. He violated a condition of his probation, causing it to be revoked, and McCullough was sentenced to nine months imprisonment, followed by two years supervised release. McCullough timely appealed this sentence.

McCullough maintains on appeal that the district court erred by imposing a term of...

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