U.S. v. DACUS

No. 04-15319 Non-Argument Calendar.

408 F.3d 686 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Thomas DACUS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 3, 2005.


Attorney(s) appearing for the Case

K. Lyn Hillman and Kristen Gartman Rogers, Fed. Pub. Defenders, Mobile, AL, for Defendant-Appellant.

David Andrew Sigler, Mobile, AL, for Plaintiff-Appellee.

Before CARNES, MARCUS and PRYOR, Circuit Judges.


PER CURIAM:

Larry Thomas Dacus appeals his sentence for attempt to possess with intent to distribute marijuana, in violation of 21 U.S.C. section 846. In his initial brief, Dacus argued that the district court erred when it denied him a downward departure based on his substantial rehabilitation efforts after the offense. The government did not respond to this argument, but conceded error under United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d...

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