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U.S. v. HENDERSON

No. 10-30571.

646 F.3d 223 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Armarcion D. HENDERSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 8, 2011.

Attorney(s) appearing for the Case

Cristina Walker, Robert Watts Gillespie, Jr., Asst. U.S. Attys., Shreveport, LA, for Plaintiff-Appellee.

Patricia Ann Gilley (Court-Appointed), Gilley & Gilley, Shreveport, LA, for Defendant-Appellant.

Before SMITH, SOUTHWICK and GRAVES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Armarcion Henderson argues that the district court erred by giving him a longer sentence to promote his rehabilitation. Under Tapia v. United States, ___ U.S. ___, 131 S.Ct. 2382, ___ L.Ed.2d ___ (2011), Henderson is correct that the district court erred. Henderson did not preserve the error, however, and we affirm, because he cannot show that the district court plainly erred.

I.

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