United States v. Ogle
Court of Appeals for the Fifth Circuit
1Opinion of the Court
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges. PER CURIAM:
In our previous opinion in this case, we affirmed Defendant-Appellant Ogle’s conviction and sentence. See United States v. Ogle, 92 Fed.Appx. 996 (5th Cir.2004) (per curiam) (unpublished). Following our judgment, Ogle filed a petition for certiorari, in which he challenged for the first time the constitutionality of the Sentencing Guidelines as applied to him. The Supreme Court granted Ogle’s petition for certiorari, vacated our judgment, and remanded the case to this court…
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