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U.S. v. SMITH

No. 03-3087.

401 F.3d 497 (2005)

UNITED STATES of America, Appellee v. Arnett C. SMITH, Appellant

United States Court of Appeals, District of Columbia Circuit.

March 18, 2005.

Attorney(s) appearing for the Case

Barbara J. Valliere, Assistant U.S. Attorney, John Robert Fisher, Assistant U.S. Attorney, David Brian Goodhand, Assistant U.S. Attorney, Mark H. Dubester, Assistant U.S. Attorney, U.S. Attorney's Office, Washington, DC, for Plaintiff-Appellee.

Roscoe Conklin Howard, Jr., U.S. Attorney, U.S. Attorney's Office, Charles Bennett Klein, Winston & Strawn LLP, Washington, DC, for Defendant-Appellant.

Before: ROGERS, GARLAND, and ROBERTS, Circuit Judges.

PER CURIAM.

Appellant Arnett C. Smith petitions for rehearing of our decision affirming his sentence for conspiracy and conflict of interest. He contends that his sentence is unconstitutional under the Sixth Amendment in light of United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Smith did not raise any Sixth Amendment claim when the sentence at issue was imposed by the district court, and accordingly our review is limited to plain...

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