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U.S. v. SMITH

Nos. 03-2862, 03-3494.

429 F.3d 1179 (2005)

UNITED STATES of America, Appellee, v. Raymond Damon SMITH, also known as "Cap", Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 5, 2005.

Attorney(s) appearing for the Case

David J. Chapman, argued, Fargo, ND, for appellant.

James E. Lackner, argued, Assistant U.S. Attorney, Minneapolis, MN (Thomas B. Heffelfinger, on the brief), for appellee.

Before SMITH, BEAM, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

This case is back before this court after the Supreme Court granted Raymond Damon Smith's petition for certiorari, vacated our earlier judgment in his case, and remanded for further consideration in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621, (2005). In an opinion filed on August 4, 2004, we affirmed Smith's conviction and sentence, rejecting Smith's arguments that his...

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