United States v. Henderson, No. 10-30571 (5th Cir. 2011)
Annotate this CaseDefendant pleaded guilty of being a felon in possession of a firearm and sentenced to 60 months imprisonment where the district court stated that the upward departure was necessary to ensure that he had an opportunity to enroll in the federal Bureau of Prisons drug treatment program. At issue was whether the district court erred in giving defendant a longer sentence to promote his rehabilitation. The court held that the district court had erred but that defendant failed to preserve the error and therefore, the court affirmed the judgment because defendant could not show that the district court plainly erred.
The court issued a subsequent related opinion or order on December 15, 2011.
The court issued a subsequent related opinion or order on May 17, 2013.
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