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U.S. v. GARZA

No. 11-10543.

706 F.3d 655 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus Javier GARZA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 1, 2013.

Attorney(s) appearing for the Case

Brian W. McKay , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Jerry Van Beard , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Dallas, TX, William Reynolds Biggs , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Fort Worth, TX, for Defendant-Appellant.

Before DeMOSS, OWEN, and HAYNES, Circuit Judges.

PRISCILLA R. OWEN, Circuit Judge:

Jesus Javier Garza violated the conditions of his supervised release and was sentenced to twenty-four months of imprisonment to be followed by twenty-four months of supervised release. On appeal, Garza argues that the district court improperly considered his rehabilitative needs in determining the length of his prison sentence in violation of Tapia v. United States,1 which held that "a court

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