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U.S. v. CULBERTSON

No. 11-10917.

712 F.3d 235 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Todd Mitchell CULBERTSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 22, 2013.

Attorney(s) appearing for the Case

James Wesley Hendrix , 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, Christopher Allen Curtis , Assistant Federal Public Defender, Federal Public Defender's Office, Northern District of Texas, Fort Worth, TX, for Defendant-Appellant.

Before STEWART, Chief Judge, and GARZA and ELROD, Circuit Judges.

CARL E. STEWART, Chief Judge:

Defendant-Appellant Todd Mitchell Culbertson ("Culbertson") appeals his revocation sentence because he contends that the district court impermissibly based the length of the sentence on the court's perception of his rehabilitative needs, in violation of Tapia v. United States, ___ U.S. ___, 131 S.Ct. 2382, 180 L.Ed.2d 357 (2011). The district court sentenced Culbertson to 30 months imprisonment...

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