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United States Eighth Circuit


US v. Garcia, 04-3016

It is not harmless error to sentence a defendant under a mandatory federal sentencing guideline regime when there is no Sixth Amendment issue as to the guideline computation and the defendant is sentenced at the bottom of the federal sentencing range.

Appellate Information

  • Decided 04/27/2005
  • Published 04/27/2005

Judges

  • HEANEY, Circuit Judge., Before MURPHY, HEANEY, and SMITH, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • David F. Eaton, Omaha, NE, for appellant.

  • For Appellees:
  • Joe Stecher, Asst. U.S. Attorney, Omaha, NE, for appellee.
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