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U.S. v. JOHNSON

No. 09-31106.

648 F.3d 273 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas C. JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 28, 2011.

Attorney(s) appearing for the Case

Duane A. Evans (argued), Diane Hollensend Copes , Stephen Andrew Higginson , Asst. U.S. Attys., New Orleans, LA, for Plaintiff-Appellee.

Robin Elise Schulberg (argued), Roma Ajubita Kent , Asst. Fed. Pub. Defenders, New Orleans, LA, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH and ELROD, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Thomas C. Johnson appeals his sentence for possession of a firearm by a convicted felon. He argues that the district court erred in fashioning an above-Guidelines sentence based in part on his record of prior arrests. We vacate the sentence and remand for resentencing.

I

While on patrol in New Orleans, two police officers encountered a group of young men who suddenly fled as the officers approached. Johnson...

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