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U.S. v. DAILY

Nos. 11-2943, 11-3196.

703 F.3d 451 (2013)

UNITED STATES of America, Appellee v. Carlous Lindell DAILY, Appellant. United States of America, Appellant v. Carlous Lindell Daily, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 15, 2013.

Attorney(s) appearing for the Case

Katherine M. Menendez , FPD, argued, Minneapolis, MN, Andrea K. George , FPD, on the brief, Spokane, WA, for Appellant.

Michael L. Cheever , USA, argued, Minneapolis, MN, for Appellee.

Before SMITH, ARNOLD, and COLLOTON, Circuit Judges.

ARNOLD, Circuit Judge.

Carlous Daily appeals from the sentence that the district court1 imposed after granting him relief from his previous sentence under 28 U.S.C. § 2255. The government cross-appeals, asserting that relief was time-barred and that the district court had no statutory power to resentence Mr. Daily. We affirm.

I.

A jury convicted Mr. Daily of conspiring to commit bank robbery, see 18 U.S.C...

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