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U.S. v. MILLER

No. 17-10594.

906 F.3d 373 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Dana Kay MILLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED October 18, 2018.

Attorney(s) appearing for the Case

Gail A. Hayworth , James Wesley Hendrix , Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Jessica Graf , 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 JONES and ENGELHARDT, Circuit Judges.

Dana Kay Miller pled guilty without a plea agreement to bank fraud, in violation of 18 U.S.C. § 1344(2), and was sentenced above the advisory guidelines range to 96 months of imprisonment and five years of supervised release. On appeal, Miller argues that the district court clearly erred by applying a two...

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