UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-30367
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARY AUGUST DUPAQUIER,
Defendant-Appellant.
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Appeal from the United States District Court for the
Middle District of Louisiana
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May 2, 1997
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gary August Dupaquier appeals the sentence imposed after
reversal on one count and remand for resentencing. The district
court did not commit plain error in departing upward from the
guideline range at resentencing. United States v. Vontsteen, 950
F.2d 1086, 1092-93 (5th Cir.) (en banc), cert. denied, 505 U.S.
1223, 112 S.Ct. 3039 (1992). See also United States v. Campbell,
*
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opinion should not be published and is not precedent except under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.
106 F.3d 64, 68-69 (5th Cir. 1997) (adopting the "aggregate
approach" to determine whether the Pearce1 presumption of
vindictiveness attaches and holding that under such approach when
sentence on remand is less severe than the original sentence, the
presumption of vindictiveness does not arise). Nor did it plainly
err in increasing Dupaquier's offense level for resentencing based
on his prior criminal history. See United States v. Hawkins, 87
F.3d 722, 730 (5th Cir.), cert. denied, 117 S.Ct. 408 (1996);
United States v. Singleton, 49 F.3d 129, 132-34 (5th Cir.), cert.
denied, 116 S.Ct. 324 (1995).
Dupaquier's motion to temporarily stay proceedings in this
court, have his attorney withdrawn, and proceed pro se so that he
may file a supplemental brief in DENIED. See Smith v. Collins, 977
F.2d 951, 962 (5th Cir. 1992), cert. denied, 501 U.S. 829, 114
S.Ct. 97 (1993).
AFFIRMED.
1
North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072 (1969).
2