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U.S. v. UNDERWOOD

No. 10-3161.

639 F.3d 1111 (2011)

UNITED STATES of America, Appellee, v. Billy Craig UNDERWOOD, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 24, 2011.

Attorney(s) appearing for the Case

Charles M. Kester , argued, Fayetteville, AR, for appellant.

Wendy L. Johnson , AUSA, argued, Forth Smith, AR, for appellee.

Before RILEY, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Billy Craig Underwood pled guilty to wire fraud, 18 U.S.C. § 1343, and the district court1 sentenced him to 108 months imprisonment. Underwood appeals his sentence, arguing that the district court erred in denying his request for a downward departure under section 5H1.6 of the United States Sentencing Guidelines, failed to properly consider the 18 U.S.C. § 3553...

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