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U.S. v. PHIPPS

No. 03-10427.

368 F.3d 505 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Shane PHIPPS; Dean Rayburn Gilley, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 26, 2004.

Attorney(s) appearing for the Case

Delonia Anita Watson (argued), Fort Worth, TX, for Plaintiff-Appellee.

Lawrence Brown (argued), The Brown Firm, Fort Worth, TX, for Phipps.

Peter Michael Fleury, Asst. Fed. Pub. Def. (argued), Fort Worth, TX, for Gilley.

Before JOLLY, DUHE and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

In this criminal appeal, Michael Shane Phipps and Dean Rayburn Gilley challenge their sentences imposed on remand, arguing that the district court impermissibly upwardly departed at resentencing by ordering that their kidnaping and carjacking sentences run consecutively. For the following reasons, we hold that the district court was free to reconsider an upward departure through consecutive sentencing on remand and that, on the facts...

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