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U.S. v. SIMMONS

No. 08-60755.

568 F.3d 564 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Maceo SIMMONS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 18, 2009.

Attorney(s) appearing for the Case

Nathaniel S. Pollock (argued), Gregory Bryan Friel, U.S. Dept. of Justice, Civ. Rights Div.-App. Section, Washington, DC, for U.S.

Kathryn Neal Nester (argued), Fed. Pub. Def., Jackson, MS, for Simmons.

Before KING, STEWART and SOUTHWICK, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

Maceo Simmons was convicted of aggravated assault under color of state law, and the district court sentenced him to 240 months in prison. On appeal, we affirmed his conviction but remanded for resentencing. United States v. Simmons, 470 F.3d 1115 (5th Cir.2006) ("Simmons I"). On remand, the district court conducted a hearing and resentenced...

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