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U.S. v. BARNETT

No. 04-3213.

410 F.3d 1048 (2005)

UNITED STATES of America, Appellant, v. Lathan Matrell BARNETT, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 31, 2005.

Rehearing Denied July 14, 2005.

Attorney(s) appearing for the Case

Kevin C. Fletcher, Asst. U.S. Attorney, Sioux City, IA, for appellant.

Dewey P. Sloan, Jr., argued, LeMars, IA, for appellee.

Before WOLLMAN, BOWMAN, and COLLOTON, Circuit Judges.

WOLLMAN, Circuit Judge.

The government appeals from the sentence imposed upon Lathan Matrell Barnett by the district court. We reverse and remand for resentencing.

I.

On October 8, 2002, Barnett fatally shot 17-year-old Shelley Gonnerman in an apartment in Sheldon, Iowa. Barnett immediately left the apartment,1 but soon returned to retrieve the sawed-off shotgun that he had used to kill Gonnerman before fleeing the scene...

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