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U.S. v. GUTIERREZ

No. 10-40068.

635 F.3d 148 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Manuel GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 3, 2011.

Attorney(s) appearing for the Case

Jeffrey Alan Babcock , James Lee Turner , Asst. U.S. Attorneys, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Fed. Public Def., Timothy Williams Crooks , Sarah Beth Landau , Asst. Fed. Public Defenders, Houston, TX, for Defendant-Appellant.

Before SMITH, WIENER, and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Jose Manuel Gutierrez appeals his sentence after pleading guilty to escape from a halfway house, his second violation of 18 U.S.C. § 751(a). He contends that his sentence is procedurally unreasonable because the district court did not consider a departure pursuant to § 4A1.3 of the United States Sentencing Guidelines before imposing a non-Guidelines sentence and that the district court did not adequately explain the reasons for the sentence...

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