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U.S. v. HARRIS

No. 11-10053.

679 F.3d 1179 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. William HARRIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2012.

Attorney(s) appearing for the Case

Robert L. Miskell , Assistant United States Attorney, Tucson, AZ, for the plaintiff-appellee.

Walter Eric Rau , Assistant Federal Public Defender, Tucson, AZ, for the defendant-appellant.

Before: BETTY B. FLETCHER, JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.

OPINION

NOONAN, Circuit Judge:

William Harris appeals his sentence of 188 months following his conviction of three counts of assaulting a federal correctional officer. The sentence was imposed by a judge other than the trial judge, whose unavailability for sentencing was unexplained. A judge visiting the District of Arizona imposed the sentence with insufficient familiarity with the case. Because of that unfamiliarity and the unjustified replacement of the...

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