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U.S. v. WININGEAR

No. 05-11198. Non-Argument Calendar.

422 F.3d 1241 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Scott A. WININGEAR, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 30, 2005.

Attorney(s) appearing for the Case

Kristen Gartman Rogers and Carlos Alfredo Williams, Fed. Pub. Defenders, Fed. Def. Org., Mobile, AL, for Winingear.

Richard H. Loftin, Mobile, AL, for U.S.

Before TJOFLAT, DUBINA and PRYOR, Circuit Judges.

PER CURIAM:

Scott Winingear appeals his two-year sentence for mail fraud in violation of section 1341 of Title 18 of the United States Code. Winingear argues that his sentence was unreasonable because the district court did not depart downward by the amount of time Winingear already served in state prison for resisting arresting officers and threatening to murder them. Although we lack jurisdiction to review the decision of the district court not to depart downward...

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