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U.S. v. SPEARS

Nos. 05-4468, 06-1354.

533 F.3d 715 (2008)

UNITED STATES of America, Appellee/Cross-Appellant, v. Steven SPEARS, Appellant/Cross-Appellee. American Civil Liberties Union Foundation Drug Law Reform Project; American Civil Liberties Union of Iowa; Douglas A. Berman; Michael M. O'Hear; David N. Yellen; David M. Zlotnick; Federal Public Defender of Iowa, Amici on Behalf of Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 23, 2008.

Attorney(s) appearing for the Case

Douglas Roehrich, Sioux City, IA, for appellant/cross-appellee.

Shawn S. Wehde, Special Assistant U.S. Attorney, Sioux City, IA, for appellee/cross-appellant.

Mark Osler, Waco, TX, for Amici on behalf of appellant/cross-appellee.

Before LOKEN, Chief Judge, WOLLMAN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, en banc.

RILEY, Circuit Judge.

After our earlier decision in this matter, United States v. Spears, 469 F.3d 1166 (8th Cir.2006) (en banc) (Spears I), the United States Supreme Court vacated and remanded the case for reconsideration in light of Kimbrough v. United States, 552 U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007). See Spears v. United States, ___ U.S. ___, 128 S.Ct. 858, 169 L.Ed.2d 709 (2008). Upon reconsideration...

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