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United States v. Kirklin

The appellant challenges the sentence imposed following the revocation of his supervised release. In effect, the district court ordered a sentence to be served concurrently with a no-longer existing sentence. Under plain error review, the appellant's substantial rights are not affected at this point, and failing to correct the sentence by a minor reduction does not affect the fairness, integrity or public reputation of judicial proceedings. The district court's sentence is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-51039, 11-08-2012.

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Before DeMOSS, SOUTHWICK, and HIGGINSON, Circuit Judges.

Samuel Dewayne Kirklin challenges the sentence imposed following the revocation of his supervised release. We find error that is plain but also determine that Kirklin’s substantial rights were not affected. We AFFIRM.*fn1

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