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U.S. v. CALBAT

No. 00-41360.

266 F.3d 358 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Steve John CALBAT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 18, 2001.

Attorney(s) appearing for the Case

Kathlyn Giannaula Snyder, James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Richard W. Rogers, III, Corpus Christi, TX, for Defendant-Appellant.

Before DAVIS and JONES, Circuit Judges, and BARBOUR, District Judge,

W. EUGENE DAVIS, Circuit Judge:

Steve John Calbat appeals various aspects of his sentence imposed after he pled guilty to intoxication assault, a violation of 18 U.S.C. §§ 7 and 13, the Assimilative Crimes Act, involving § 49.07 of the Texas Penal Code. Based on our conclusion that the district court abused its discretion in setting the timing of restitution payments, we vacate this aspect and remand for further consideration of restitution. In all...

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