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U.S. v. SEALED APPELLEE

No. 17-50451.

887 F.3d 707 (2018)

UNITED STATES of America, Plaintiff-Appellant, v. SEALED APPELLEE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 10, 2018.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellant.

Michael W. McCrum, Esq. , McCrum Law Office, Philip J. Lynch , San Antonio, TX, for Defendant-Appellee.

Before ELROD, COSTA, and HO, Circuit Judges.

The government appeals Appellee's sentence of 80 months of imprisonment based on a 120-month statutory minimum that applies to Appellee's conviction and the absence of a motion by the government pursuant to 18 U.S.C. § 3553(e) to depart from that minimum. Because we agree that the district court erred by departing from the statutory minimum...

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