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U.S. v. STEINERT

No. 1:06CR275.

470 F.Supp.2d 627 (2007)

UNITED STATES of America, v. Martin STEINERT, Defendant/Appellant.

United States District Court, E.D. Virginia, Alexandria Division.

January 17, 2007.

Attorney(s) appearing for the Case

Rosie Haney, United States Attorney's Office, Alexandria, VA, for Plaintiff.

Geremy C. Kamens, Office of Federal Public Defender, Alexandria, VA, for Defendant/Appellant.

MEMORANDUM OPINION

ELLIS, District Judge.

This is an appeal from a magistrate judge's decision revoking defendant-appellant Martin Steinert's probation and sentencing him to serve five months and twenty days incarceration. The following two questions are presented:

(1) Whether plain error occurred warranting resentencing when the magistrate judge, without objection from defense counsel, failed to afford...

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