Darrell T. Kind v. Sheriff Frank

1 The HONORABLE JOSEPH F. BATAILLON, United States District Judge
for the District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-3711
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Shawn M. Smith, * [UNPUBLISHED]
*
Appellant. *
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Submitted: May 2, 2003
Filed: May 5, 2003
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Before LOKEN, Chief Judge, LAY and RILEY, Circuit Judges.
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PER CURIAM.
After we remanded for resentencing in United States v. Smith, 282 F.3d 1045
(8th Cir. 2002), the district court 1 sentenced Shawn M. Smith to 121 months
imprisonment to be served consecutively to his state parole-revocation sentence.
Smith appeals, urging us to reconsider our previous decision interpreting U.S.S.G.
§ 5G1.3, comment. (n.6) to require consecutive sentences. After careful review of the
record, we conclude this appeal is governed by the law-of-the-case doctrine. See
United States v. Bartsh, 69 F.3d 864, 866 (8th Cir. 1995) (doctrine prevents

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relitigation of settled issue in case and requires courts to adhere to decisions made in
earlier proceedings). The judgment is affirmed.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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