Hodge v. United States

HANSEN, Circuit Judge.

Following our prior two opinions remanding this case for resentencing, see United States v. Hodge, 142 Fed.Appx. 268 (8th Cir.2005) (Hodge I) (unpublished) (per curiam); United States v. Hodge, 469 F.3d 749 (8th Cir.2006) {Hodge II), the district court 1 resentenced Russell James Hodge to 163 months’ imprisonment, a sentence below the advisory sentencing guidelines range. After the judgment became final and the United States Supreme Court filed Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), Hodge filed a motion to vacate, set aside, or correct…