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U.S. v. PEPPER

No. 09-1191.

570 F.3d 958 (2009)

UNITED STATES of America, Appellee, v. Jason PEPPER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2009.

Attorney(s) appearing for the Case

Alfredo G. Parrish, argued, Des Moines, IA, Leon F. Spies, on the brief, Iowa City, IA, for appellant.

John H. Lammers, AUSA, argued, Sioux City, IA, for appellee.

Before RILEY, SMITH, and COLLOTON, Circuit Judges.

RILEY, Circuit Judge.

At issue in this appeal is whether the district court1 exceeded the scope of our court's remand, committed procedural error, and abused its discretion in resentencing Jason Pepper (Pepper). This is the fourth time our court has considered Pepper's case. See United States v. Pepper, 518 F.3d 949 (8th Cir.2008)(Pepper III), cert. denied, ___ U.S. ___,

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