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U.S. v. DAVIS

No. 03-1709.

442 F.3d 681 (2006)

UNITED STATES of America, Appellee, v. John E. DAVIS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 30, 2006.

Attorney(s) appearing for the Case

Kirk E. Naylor, Jr., Lincoln, NE, for appellant.

Sara E. Fullerton, Asst. U.S. Atty., Lincoln, NE, for appellee.

Before WOLLMAN, LAY, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

This case is before us on remand from the Supreme Court for reconsideration in light of Booker v. United States, 543 U.S. 220, 233, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), which declared that the mandatory application of the Guidelines based on judge-found facts violates the Sixth Amendment. Having done as directed by the Court and considered Davis's sentence in light of Booker, we reinstate our panel...

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