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U.S. v. PORTER

No. 04-4082.

417 F.3d 914 (2005)

UNITED STATES of America, Appellee, v. Quillin PORTER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2005.

Attorney(s) appearing for the Case

Assistant Federal Public Defender, David R. Mercer, argued (Asst. Federal Public Defender Ann M. Koszuth, on the brief), for appellant.

Douglas C. Bunch, Asst. U.S. Atty., argued, Springfield, MO, for appellee.

Before MELLOY, COLLOTON, and GRUENDER, Circuit Judges.

COLLOTON, Circuit Judge.

Quillin Porter pled guilty to three counts of mail fraud and was sentenced to 21 months' imprisonment, payment of $90,000 of restitution, and a three-year term of supervised release. He appeals his sentence and the special conditions of supervised release. We vacate the judgment and remand for resentencing in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

I.

A federal grand jury...

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