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UNITED STATES v. CRITTENDEN

No. 18-50635.

46 F.4th 292 (2022)

UNITED STATES of America, Plaintiff-Appellant, v. Samuel Tanel CRITTENDEN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 18, 2022.

Attorney(s) appearing for the Case

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

Mary Stillinger, Esq. , Stillinger & Godinez, P.L.L.C., El Paso, TX, for Defendant-Appellee.

Jennifer Mascott, Arlington, VA, Pro Se Amicus Curiae.

Before Richman, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges.

This appeal involves tension between two rules of deference. When trial judges exercise discretion, appellate judges can reverse only for an abuse of that discretion...

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