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U.S. v. SPUDICH

No. 06-3193.

510 F.3d 834 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. John Peter SPUDICH, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 4, 2008.

Attorney(s) appearing for the Case

Michael Dwyer, argued, St. Louis, MO, for Defendant-Appellant.

Thomas Christian Albus, AUSA, argued, St. Louis, MO (Jennifer J. Roy, AUSA, on the brief), for Defendant-Appellant.

Before WOLLMAN, COLLOTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

John Peter Spudich is before us again, this time appealing the 46-month sentence imposed by the district court1 at resentencing. After oral argument, the Supreme Court issued its opinion in James v. United States, 550 U.S. ___, 127 S.Ct. 1586, 167 L.Ed.2d 532 (2007), and this court filed United States v. McCall (McCall II), 507 F.3d 670

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