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U.S. v. LEISURE

Nos. 03-2503, 04-1351.

412 F.3d 857 (2005)

UNITED STATES of America, Appellee, v. Rusty LEISURE, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 5, 2005.

Attorney(s) appearing for the Case

Krisanne C. Weimer, Omaha, NE, for appellant.

Robert F. Cryne, Asst. U.S. Atty., Omaha, NE, for appellee.

Before MELLOY, SMITH, and COLLOTON, Circuit Judges.

PER CURIAM.

In a previous opinion filed July 30, 2004, we affirmed Leisure's conviction and sentence. United States v. Leisure, 377 F.3d 910 (8th Cir.2004). In a petition for rehearing en banc, Leisure argued for the first time that the case should be remanded for resentencing in light of Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), which called into doubt...

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