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U.S. v. BENNS

No. 12-51038.

740 F.3d 370 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Rickey D. BENNS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 21, 2014.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Alexander Lee Calhoun , Austin, TX, Margaret Mary Embry , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Defendant-Appellant.

Before OWEN, SOUTHWICK, and GRAVES, Circuit Judges.

JAMES E. GRAVES, JR., Circuit Judge:

Rickey Benns appeals his sentence and restitution order following his conviction for making false statements relating to a credit application. Because we agree that the district court erred in calculating the loss amount attributable to him under the Sentencing Guidelines and in awarding restitution based on relevant conduct, we VACATE Benns' sentence and restitution order and REMAND the case to the district court for resentencing...

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