U.S. v. ROBERTSON

No. 02-3122.

324 F.3d 1028 (2003)

UNITED STATES of America, Appellee, v. Galen G. ROBERTSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 9, 2003.

Rehearing and Rehearing Denied: May 15, 2003.


Attorney(s) appearing for the Case

Alexander F. Reichert, argued, Grand Forks, ND, for appellant.

Janice M. Morley, AUSA, argued, Fargo, ND, for appellee.

Before WOLLMAN, HEANEY, and MELLOY, Circuit Judges.


Rehearing and Rehearing En Banc Denied: May 15, 2003.

WOLLMAN, Circuit Judge.

Galen Robertson appeals his conviction for lying to a federal officer in violation of 18 U.S.C. § 1001 and the ten-month sentence imposed thereon. He argues that the evidence was insufficient to support the conviction and that the district court erred in applying a three-level upward departure during sentencing. We affirm the conviction, vacate the sentence, and remand for resentencing...

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