United States Eighth Circuit

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Hodge v. US, 09-3075

In a drug and firearm possession prosecution, a denial of defendant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. section 2255 is affirmed where Gall v. United States, 552 U.S. 38 (2007), did not apply retroactively to cases that became final prior to its filing.

Appellate Information

  • Submitted 04/14/2010
  • Decided 04/27/2010
  • Published 04/27/2010


  • HANSEN, Circuit Judge., Before BYE, JOHN R. GIBSON, and HANSEN, Circuit Judges.


  • United States Eighth Circuit


  • For Appellant:
  • Rockne Ole Cole, argued, Iowa City, IA, for Appellant.

  • For Appellees:
  • Robert L. Teig, AUSA, argued, Cedar Rapids, IA (Kevin Craig Fletcher, I, AUSA, Sioux City, IA, on the brief), for Appellee.