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U.S. v. DAVIS

No. 09-10731.

602 F.3d 643 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Tony Eugene DAVIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 2, 2010.

Attorney(s) appearing for the Case

James Wesley Hendrix, Asst. U.S. Atty. (argued), Dallas, TX, Robert Austin Klinick, Nancy E. Larson, Asst. U.S. Attorneys, Fort Worth, TX, for Plaintiff-Appellee.

William Reynolds Biggs, Asst. Fed. Public Def. (argued), Dallas, TX, for Defendant-Appellant.

Before KING, JOLLY and STEWART, Circuit Judges.

KING, Circuit Judge:

Defendant-appellant Tony Eugene Davis appeals the sentence of 24 months of imprisonment and two years of supervised release imposed following the revocation of his supervised release. Davis contends that remand for resentencing is warranted because there is a reasonable probability that, but for the district court's consideration of an incorrect advisory sentencing range, he would have received a lesser sentence. On plain error review, we affirm...

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