United States v. Lee
Court of Appeals for the Fifth Circuit
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
In this criminal appeal, Timothy S. Lee challenges his sentence imposed upon remand, arguing that the mandate issued by this court in United States v. Lee, 310 F.3d 787 (5th Cir.2002) (“Lee I ”) precluded the district court from upwardly departing at resentencing pursuant to § 4A1.3 of the United States Sentencing Guidelines Manual. Lee asserts in the alternative that the district court’s upward departure was premised on an erroneous determination that Lee’s criminal history category did not adequately reflect the seriousness of his criminal history or the…
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