United States v. Serrata

HENRY, Circuit Judge.

These .cases concern the related appeals of three former correctional officers, William Fuller, Mathias Serrata, and Kendall Lipscomb, charged with criminal offenses arising out the assault of an inmate at the Lea County Correctional Facility in Hobbs, New Mexico. We exercise jurisdiction pursuant to 28 U.S.C. § 1291. We affirm each of the convictions but vacate the downward departures with respect to each defendant. We also hold that the defendants have established that the district court plainly erred when sentencing these defendants, in light of the Supreme Court’s…