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U.S. v. JONES

No. 04-21014.

435 F.3d 541 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Demarcus LaCarl JONES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 2, 2006.

Attorney(s) appearing for the Case

James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marhorie A. Meyers, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def., Houston, TX, for Jones.

Before REAVLEY, DAVIS and WIENER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Defendant Demarcus LeCarl Jones appeals his sentence after entering a guilty plea for being a felon in possession of a firearm. Finding that any Booker error in the district court's discretionary upward departure was harmless, we affirm.

I.

Jones' presentence report (PSR) calculated his guideline sentence range at 46 to 57 months. Jones filed no objections to the PSR. At sentencing, the district court departed...

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