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U.S. v. DAUGHERTY

No. 05-10085.

438 F.3d 445 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Curtis Dale DAUGHERTY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 24, 2006.

Attorney(s) appearing for the Case

C. Richard Baker, Asst. U.S. Atty., Jeffrey Robert Haag (argued), Lubbock, TX, for U.S.

Robert C. Heald (argued), Price, Heald & Price, Lubbock, TX, for Daugherty.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Although, in this ineffective assistance of counsel claim brought under 28 U.S.C. § 2255, the defendant-appellant raises an issue of first impression in this Circuit— whether, when a sentence has been vacated because of a defect, the government may present new evidence at resentencing to cure that defect and then reimpose the earlier sentence—the final resolution of this specific question is not required because of...

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