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U.S. v. SCHLOSSER

No. 08-1614.

558 F.3d 736 (2009)

UNITED STATES of America, Appellee, v. Michael James SCHLOSSER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 3, 2009.

Rehearing and Rehearing En Banc Denied April 7, 2009.

Attorney(s) appearing for the Case

Zachary W. Peternson, argued, Aberdeen, SD, for appellant.

Mark E. Salter, AUSA, argued, Sioux Falls, SD, Jeremy R. Jehangiri, on the brief, Pierre, SD, for appellee.

Before MURPHY, RILEY and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

After Michael James Schlosser pled guilty to theft of mail matter in violation of 18 U.S.C. § 1708, the district court1 sentenced him to 18 months' imprisonment. Schlosser appeals his sentence, arguing that the district court imposed a procedurally flawed sentence because it relied on hearsay evidence and improperly delegated fact-finding to a magistrate judge and that the district court imposed a substantively...

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