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U.S. v. HODGE

Nos. 05-3633, 05-3844.

469 F.3d 749 (2006)

UNITED STATES of America, Appellee/Cross-Appellant, v. Russell James HODGE, also known as Rusty Hodge, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 22, 2006.

Attorney(s) appearing for the Case

Patrick Thomas Parry, argued, Sioux City, IA, for appellant/Cross-appellee.

Robert Lee Teig, argued, Asst. U.S. Attorney, Cedar Rapids, IA (Kevin C. Fletcher, Asst. U.S. Attorney, Sioux, City, IA, on the brief), for appellee/cross-appellant.

Before MURPHY, HANSEN, and RILEY, Circuit Judges.

HANSEN, Circuit Judge.

Following our prior remand for resentencing, see United States v. Hodge, 142 Fed.Appx. 268 (8th Cir.2005) (unpublished), the district court resentenced Hodge to the statutory mandatory minimum sentence of 120 months. Hodge appeals the denial of his motion to compel the United States to file a substantial-assistance downward-departure motion under 18 U.S.C. § 3553(e), and the United States cross appeals, challenging the below-Guidelines...

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