U.S. v. BURNS

Nos. 04-2901, 04-2933.

577 F.3d 887 (2009)

UNITED STATES of America, Appellant, v. Travis Ray BURNS, Appellee. United States of America, Appellee. v. Travis Ray Burns, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2009.


Attorney(s) appearing for the Case

Shawn Wehde, AUSA, argued, Sioux City, IA, for appellant.

R. Scott Rhinehart, argued, Sioux City, IA, for appellee.

Before LOKEN, Chief Judge, BRIGHT, WOLLMAN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, En Banc.


WOLLMAN, Circuit Judge.

This case is once again before our court, this time by virtue of a remand from the Supreme Court for reconsideration of our en banc opinion in light of Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). See Burns v. United States, ___ U.S. ___, 128 S.Ct. 1091, 169 L.Ed.2d 804 (2008). Having completed our reconsideration, we now affirm.

I.

Background

As set forth in our initial...

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