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U.S. v. DOZIER

No. 05-6259.

444 F.3d 1215 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Allen DOZIER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 5, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:* Mack K. Martin, Martin Law Office, Oklahoma City, Oklahoma, for Appellant.

John C. Richter, United States Attorney, and Susan Dickerson Cox, Assistant United States Attorney, Office of the United States Attorney for the Western District of Oklahoma, Oklahoma City, Oklahoma, for Appellee.

Before TACHA, Chief Circuit Judge, HARTZ, and TYMKOVICH, Circuit Judges.

TACHA, Chief Circuit Judge.

Defendant-Appellant Timothy Allen Dozier argues that the District Court departed upward from the applicable United States Sentencing Guidelines range without first affording him notice of the grounds for departure in violation of Fed. R.Crim.P. 32(h). The Government concedes that this case warrants remand. Exercising jurisdiction under 28 U.S.C. § 1291, we VACATE Mr. Dozier's sentence and REMAND for resentencing.

I. BACKGROUND...

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