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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 04-3407
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United States of America, *
*
Plaintiff - Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska
Mario D. Alford, *
* [UNPUBLISHED]
Defendant - Appellant. *
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Submitted: February 16, 2005
Filed: March 16, 2005 (Corrected March 17, 2005)
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Before BYE, HEANEY, and MELLOY, Circuit Judges.
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PER CURIAM.
The defendant in this case was sentenced prior to the United States Supreme
Court decision in United States v. Booker, 125 S.Ct. 738 (2005). The defendant
raised and preserved error as to the constitutionality of the federal sentencing
guidelines at the time of sentencing. The defendant was also sentenced to the
minimum possible sentence under the applicable federal sentencing guidelines.
Accordingly, we cannot say that the error in this case was harmless. We therefore
vacate the sentence and remand for resentencing pursuant to United States v. Booker,
125 S.Ct. 738 (2005). See, United States v. Haidley, No. 04-3312 (filed March 16,
2005).
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