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United States Eighth Circuit


US v. Garate, 061667

Sentence of 30 months for traveling with the intent to engage in sexual conduct with a minor that was previously reversed and remanded as unreasonable, is now affirmed where in light of the deferential standard of review set forth in the intervening case of Gall v. US, the court could not say that the lower court abused its discretion in weighing the evidence as it did, where, as here the facts could legitimately be viewed from different perspectives.

Appellate Information

  • Decided 10/10/2008
  • Published 10/10/2008

Judges

Court

  • United States Eighth Circuit

Counsel

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