U.S. v. TOLBERT

Nos. 01-50656, 01-50666.

306 F.3d 244 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Mitchell Strail TOLBERT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 12, 2002.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), Angela J. Moore, San Antonio, TX, for Plaintiff-Appellee.

Dudley Page McClellan (argued), Austin, TX, for Defendant-Appellant.

Before KING, Chief Judge, and PARKER and CLEMENT, Circuit Judges.


ROBERT M. PARKER, Circuit Judge:

We must determine whether offenses that are similar in nature but arise from discrete circumstances and were committed two years apart can be grouped when sentencing occurs in a consolidated proceeding. The district court answered in the negative. We reverse and remand.

BACKGROUND

From December 1997 until August 1998, Defendant-Appellant Mitchell S. Tolbert and his employer, Full Service Staffing ("FSS"), generated...

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