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U.S. v. PIRANI

No. 03-2871.

406 F.3d 543 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Louis F. PIRANI, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 29, 2005.

Attorney(s) appearing for the Case

Samuel Arnold Perroni, argued, Little Rock, AR (Patrick R. James, on the brief), for Defendant-Appellant.

Michael R. Dreeben, argued, Little Rock, AR (Karen D. Coleman, U.S. Attorney's Office, Little Rock, AR, on the brief), for Plaintiff-Appellee.

Before LOKEN, Chief Judge, HEANEY, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER and BENTON, Circuit Judges, en banc.

LOKEN, Chief Judge.

In this case, we apply the Supreme Court's recent decision in United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), to a sentencing error that defendant Louis F. Pirani failed to preserve in the district court. Having carefully considered the divergent analyses of our sister circuits, we follow decisions of the First, Fifth, and Eleventh circuits1 in holding that a remand for resentencing...

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