U.S. v. MILLER

No. 09-11063.

634 F.3d 841 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Donald MILLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 1, 2011.


Attorney(s) appearing for the Case

Mary Flowerree Walters , Asst. U.S. Atty., Dallas, TX, for U.S.

Michael Lowell King , Asst. Fed. Pub. Def., Lubbock, TX, for Miller.

Before JONES, Chief Judge, and JOLLY and GARZA, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Donald Miller ("Miller") appeals the district court's imposition of a sixty-month sentence following the revocation of his supervised release term. Miller argues that his sentence is procedurally and substantively unreasonable because the trial court erroneously considered factors listed in 18 U.S.C. § 3553(a)(2)(A). For the reasons stated below, we AFFIRM the district court.

I

Miller pleaded guilty in 2003 to...

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