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U.S. v. FILLMORE

No. 16-51427.

889 F.3d 249 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby Dwayne FILLMORE, also known as Jango, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 4, 2018.

Attorney(s) appearing for the Case

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

Brian Walker , Walker Law Firm, Fort Worth, TX, for Defendant-Appellant.

Before OWEN, SOUTHWICK, and WILLETT, Circuit Judges.

Bobby Dwayne Fillmore pled guilty to conspiracy to maintain a chop shop in the Dallas, Texas, area. The district court issued a within-Guidelines sentence of 51 months based partly on a two-level enhancement for being "in the business" of receiving and selling stolen property. We conclude Fillmore was not "in...

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