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U.S. v. JUAREZ

No. 15-40191.

812 F.3d 432 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar Eduardo JUAREZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 3, 2016.

Attorney(s) appearing for the Case

Andrew R. Gould , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Timothy William Crooks , Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before ELROD, GRAVES, and COSTA, Circuit Judges.

Oscar Eduardo Juarez appeals his ten-year sentence for brandishing a firearm. Because there is uncertainty in the record as to whether the district court intended to impose an upward departure or variance or erroneously believed that the ten-year sentence was within the Sentencing Guidelines, and because the government has not shown that any...

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