U.S. v. HERGOTT

No. 08-2289.

562 F.3d 968 (2009)

UNITED STATES of America, Appellee, v. Greg HERGOTT, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 20, 2009.


Attorney(s) appearing for the Case

Jeffrey L. Thomas, AFPD, Omaha, Nebreska, for appellant.

Susan T. Lehr, AUSA, Omaha, Nebraska, for appellee.

Before LOKEN, Chief Judge, JOHN R. GIBSON, and MURPHY, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Greg Hergott was accused of violating the terms of his supervised release by committing felony assault and failing to complete a required substance abuse treatment program. Hergott admitted these violations at the revocation hearing and was sentenced to sixty months' imprisonment. On appeal, Hergott argues that the sixty-month sentence is improper because: (1) it exceeds the applicable statutory maximum resulting in an illegal sentence...

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