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U.S. v. SUMLIN

No. 05-51720.

489 F.3d 683 (2007)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Derryke Kyle SUMLIN, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

June 15, 2007.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty. (argued), San Antonio, TX, for U.S.

Marlo Pfister Cadeddu (argued), Dallas, TX, for Sumlin.

Before SMITH, BARKSDALE and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

In this criminal case, the government appeals the 24-month sentence imposed by the district court upon defendant Derryke Kyle Sumlin, who was found guilty by a jury of unlawful possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The district court, at the sentencing hearing, decided sua sponte to downwardly depart from both the United States Sentencing Guidelines range of 235 to 293 months and the...

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