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U.S. v. BIRDINE

No. 19-1782.

962 F.3d 1032 (2020)

UNITED STATES of America Plaintiff-Appellee, v. Anthony BIRDINE Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2020.

Attorney(s) appearing for the Case

John Higgins , U.S. Attorney's Office, District of Nebraska, Omaha, NE, Steven A. Russell , Assistant U.S. Attorney, U.S. Attorney's Office, Lincoln, NE, for Plaintiff-Appellee.

Anthony Birdine, Pro Se.

Donald Lee Schense , Bellevue, NE, for Defendant-Appellant.

Before COLLOTON, BEAM, and BENTON, Circuit Judges.

Anthony Birdine appeals the district court's denial of his motion, pursuant to the First Step Act of 2018, to reduce his sentence. Because our recent precedent dictates that Birdine is eligible for relief, we reverse and remand for further proceedings.

I. BACKGROUND

In October 2006, Birdine was convicted by...

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