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U.S. v. OGLE

No. 03-60833. Summary Calendar.

415 F.3d 382 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. James O. OGLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 27, 2005.

Attorney(s) appearing for the Case

Gaines H. Cleveland, John Arthur Meynardie, Asst. U.S. Attys., Gulfport, MS, for U.S.

John William Weber, III, Gulfport, MS, Samuel Dennis Joiner, Fed. Pub. Def., Jackson, MS, for Ogle.

Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.

PER CURIAM:

In our previous opinion in this case, we affirmed Defendant-Appellant Ogle's conviction and sentence. See United States v. Ogle, 92 Fed.Appx. 996 (5th Cir. 2004) (per curiam) (unpublished). Following our judgment, Ogle filed a petition for certiorari, in which he challenged for the first time the constitutionality of the Sentencing Guidelines as applied to him. The Supreme Court granted Ogle's petition for certiorari, vacated our judgment, and remanded...

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