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U.S. v. PALMER

No. 03-1333.

380 F.3d 395 (2004)

UNITED STATES of America, Appellee, v. Thomas Arthur PALMER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 24, 2004.

Attorney(s) appearing for the Case

Raphael M. Sheetz, argued, Cedar Rapids, Iowa, for appellant.

Richard L. Murphy, argued, Asst. U.S. Attorney, Cedar Rapids, Iowa, for appellee.

Before LOKEN, Chief Judge, WOLLMAN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, SMITH, and COLLOTON, Circuit Judges.

WOLLMAN, Circuit Judge.

We vacated our prior panel opinion in this case, United States v. Palmer, 77 Fed. Appx. 919 (8th Cir.2003) (per curiam), and granted rehearing en banc to reconsider the interpretation of 18 U.S.C. § 3583 advanced in United States v. St. John, 92 F.3d 761 (8th Cir.1996). We now overrule St. John's interpretation and affirm the sentence imposed by the district court.

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