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U.S. v. BACKER

No. 04-2685.

419 F.3d 882 (2005)

UNITED STATES of America, Appellee, v. Mark BACKER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2005.

Attorney(s) appearing for the Case

Dennis D. Fisher, argued, Moorhead, Minnesota, for appellant.

Cameron W. Hayden, AUSA, argued, Bismarck, North Dakota, for appellee.

Before MURPHY, BYE, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Mark Backer appeals from a decision of the district court resentencing him from 60 to 87 months' imprisonment. We consider whether plain error occurred and deciding that it did we remand for sentencing in conformity with United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I. Background

A confidential source told the Mandan City Police Department...

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