Legal Opinion

United States of America, Appellee/cross-Appellant v. Russell James Hodge, Also Known as Rusty Hodge, Appellant/cross-Appellee

Court of Appeals for the Eighth Circuit

Decided November 22, 2006No. 05-3633, 05-3844PublishedCited by 16 opinions

1Opinion of the Court

HANSEN, Circuit Judge.

Following our prior remand for resen-tencing, see United States v. Hodge, 142 Fed.Appx. 268 (8th Cir.2005) (unpublished), the district court resentenced Hodge to the statutory mandatory minimum sentence of 120 months. Hodge appeals the denial of his motion to compel the United States to file a substantial-assistance downward-departure motion under 18 U.S.C. § 3553(e), and the United States cross appeals, challenging the below-Guidelines sentence. We reverse and remand once again for resentencing.

I

Hodge pleaded guilty to being an unlawful user of a controlled substance…

2Cases cited21 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Wade v. United StatesSupreme Court of the United States · 1992
  3. United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
  4. United States v. Thomas Chisolm BartshCourt of Appeals for the Eighth Circuit · 1995
  5. United States v. Douglas Greg CorneliusCourt of Appeals for the Eighth Circuit · 1992

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3Cited by16 opinions

  1. United States v. Adam RouillardCourt of Appeals for the Eighth Circuit · 2007
  2. United States v. GarciaCourt of Appeals for the Ninth Circuit · 2007
  3. United States v. FreemontCourt of Appeals for the Eighth Circuit · 2008
  4. United States v. PerezCourt of Appeals for the Eighth Circuit · 2008
  5. Hodge v. United StatesCourt of Appeals for the Eighth Circuit · 2010

11 more not listed; retrieve them via the Exa API.

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