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United States v. Hoskins, 95-50635 (1996)

Court: Court of Appeals for the Fifth Circuit Number: 95-50635 Visitors: 9
Filed: Apr. 03, 1996
Latest Update: Mar. 02, 2020
Summary: No. 95-50635 - 1 - IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-50635 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES TYRONE HOSKINS, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-94-CR-97-5 - - - - - - - - - - April 29, 1996 Before DAVIS, JONES, and DeMOSS, Circuit Judges. PER CURIAM:* James Tyrone Hoskins appeals his sentence for bank robbery. Our review of the
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                            No.    95-50635
                                  - 1 -

               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                           No. 95-50635
                         Summary Calendar



UNITED STATES OF AMERICA,

                                              Plaintiff-Appellee,


versus

JAMES TYRONE HOSKINS,

                                              Defendant-Appellant.


                       - - - - - - - - - -
          Appeal from the United States District Court
                for the Western District of Texas
                      USDC No. W-94-CR-97-5
                       - - - - - - - - - -
                          April 29, 1996

Before DAVIS, JONES, and DeMOSS, Circuit Judges.

PER CURIAM:*

     James Tyrone Hoskins appeals his sentence for bank robbery.

Our review of the record and the arguments and authorities

convince us that no reversible error was committed.       The district

court’s application of the cross-reference provision contained in

U.S.S.G. 2.B3.1(c) was not clearly erroneous.       Hoskins has failed

to demonstrate his withdrawal from the joint criminal activity,

and the murder of Mrs. Parker was reasonably foreseeable in

connection with the bank robbery and botched get-away. United

     *
        Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
                           No.    95-50635
                                 - 2 -

States v. Puig-Infante, 
19 F.3d 929
, 942, 944-46. (5th Cir.

1994).   The district court did not impermissibly rely upon trial

testimony, as the incident referred to by the court was included

in Hoskins’ presentence report.

      IT IS FURTHER ORDERED that, in the interests of judicial

efficiency, Hoskins’ appeal is severed from that of his

co-defendant, Anthony James Coleman.

     AFFIRMED.

Source:  CourtListener

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