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U.S. v. PAUL

No. 08-30125.

561 F.3d 970 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Patricia Betterman PAUL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2009.

Attorney(s) appearing for the Case

Anthony R. Gallagher, Michael Donahoe, Federal Defenders of Montana, Helena, MT, for the defendant-appellant.

William W. Mercer, Carl E. Rostad, United States Attorney's Office, Great Falls, MT, for the plaintiff-appellee.

Per Curiam Opinion; Dissent by Judge HALL.

PER CURIAM:

In United States v. Paul, 239 Fed. App'x 353(9th Cir.2007) (Paul I), we held that a 16-month sentence imposed on Patricia Betterman Paul for theft from a local government receiving federal funding, a violation of 18 U.S.C. § 666(a)(1)(A), was unreasonable. Id. at 354. We viewed her case as one that did not fall within the "heartland" of cases to which the Federal Sentencing Guidelines are most applicable, as contemplated by

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