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U.S. v. GREEN

No. 04-1225.

426 F.3d 64 (2005)

UNITED STATES of America, Appellee, v. Richard GREEN, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 18, 2005.

Attorney(s) appearing for the Case

Edward W. Wayland and Perry, Krumsiek & Wayland, LLP on brief for appellant.

Michael J. Sullivan, United States Attorney, John A. Wortmann, Jr., Assistant United States Attorney, and Virginia M. Vanderjagt, Assistant United States Attorney, on brief for appellee.

Before HOWARD, Circuit Judge, CYR and STAHL, Senior Circuit Judges.

CYR, Senior Circuit Judge.

Richard Green appeals the sentence imposed following his conviction for distributing cocaine base, 21 U.S.C. § 841, and theft of government property, 18 U.S.C. § 641. After the parties filed their appellate briefs, the United States Supreme Court held that the federal sentencing guidelines are advisory, rather than mandatory. United States v. Booker, ___ U.S. ___, 125 S.Ct. 738,...

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