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U.S. v. SPRAGLIN

Nos. 04-51331, 04-51332.

418 F.3d 479 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Lynn Levert SPRAGLIN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Lynn Spraglin, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 21, 2005.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba, San Antonio, TX, for Plaintiff-Appellee.

Evers Jason Leach, Law Offices of E. Jason Leach, Odessa, TX, for Defendant-Appellant.

Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Lynn Levert Spraglin appeals the revocation of his supervised release in each of his underlying federal convictions. He avers that the district court abused its discretion in revoking his supervised release based on evidence of his state murder conviction which is still pending on appeal at the time that supervision was revoked.

We review the decision to revoke supervised release under an abuse of discretion standard.1

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