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
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Following our prior remand for resen-tencing, see United States v. Hodge, 142 Fed.Appx. 268 (8th Cir.2005) (unpublished), the district court resentenced Hodge to the statutory mandatory minimum sentence of 120 months.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…
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- United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
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