U.S. v. PAINTER

No. 03-40283.

375 F.3d 336 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jack Montgomery PAINTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 16, 2004.


Attorney(s) appearing for the Case

Renata Ann Gowie (argued) and James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee.

Joel Douglas Tinker (argued), Tinker & Muschenheim, Corpus Christi, TX, for Defendant-Appellant.

Before JONES, EMILIO M. GARZA and BENAVIDES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

Jack Montgomery Painter pleaded guilty to one count of accessory after the fact for concealing from federal authorities the whereabouts of his fugitive son. See 18 U.S.C. §§ 3, 3146(a)(1), (b)(1)(A)(i). The district court sentenced Painter to three years probation and imposed a $52,200 fine. Painter appeals the fine, which far exceeds the maximum $5,000 fine under the sentencing guidelines. Because the district court...

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