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U.S. v. KENDALL

No. 06-3044.

475 F.3d 961 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Dan KENDALL, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 5, 2007.

Attorney(s) appearing for the Case

Felicia A. Jones, argued, Federal Public Defender's Office, St. Louis, MO, for appellant.

Thomas Christian Albus, argued, U.S. Attorney's Office, St. Louis, MO, for appellee.

Dan Kendall, Federal Correctional Institution, Sandstone, MN, pro se.

Before LOKEN, Chief Judge, BYE and SHEPHERD, Circuit Judges.

BYE, Circuit Judge.

Dan Kendall appeals his eighty-four month sentence arguing 1) the district court1 exceeded the scope of this court's remand, 2) the sentence is unreasonable, and 3) this court should reconsider its holding in United States v. McCall, 439 F.3d 967 (8th Cir.2006) (en banc) (holding a felony conviction for Driving While Intoxicated (DWI...

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