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U.S. v. JACOBS

No. 10-20043 Summary Calendar.

635 F.3d 778 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus Eugene JACOBS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 15, 2011.

Attorney(s) appearing for the Case

Lauretta Drake Bahry , Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Thomas B. Dupont, II , Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and HAYNES, Circuit Judges:

PER CURIAM:

Federal prisoner Marcus Eugene Jacobs pled guilty to one count of possessing stolen mail in violation of 18 U.S.C. § 1708. In his signed plea agreement, Jacobs generally waived his right to appeal his sentence but preserved his right to appeal an upward departure from the Sentencing Guidelines not requested by the Government. At sentencing, the district court imposed an upward variance from the Guidelines not requested by the Government. Jacobs now...

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