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U.S. v. CLAY

No. 14-60283.

787 F.3d 328 (2015)

UNITED STATES of America, Plaintiff-Appellee v. Nickdaniel Dewayne CLAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 22, 2015.

Attorney(s) appearing for the Case

Clyde McGee, IV, Esq. , (argued), Assistant U.S. Attorney, U.S. Attorney's Office, Oxford, MS, for Plaintiff-Appellee.

George Lowrey Lucas, Esq. (argued), Assistant Federal Publice Defender, Federal Public Defender's Office, Oxford, MS, for Defendant-Appellant.

Before JOLLY, HIGGINSON, and COSTA, Circuit Judges.

Defendant Nickdaniel Clay appeals a within-guidelines sentence, arguing that the district court failed to appreciate that 18 U.S.C. § 3553(a) provided it with discretion to vary from the advisory sentencing range under the U.S. Sentencing Guidelines. Because the district court did not understand the breadth of...

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