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U.S. v. HAYES

No. 06-30429.

532 F.3d 349 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. James HAYES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 2008.

Attorney(s) appearing for the Case

Carol Loupe Michel, New Orleans, LA, for Plaintiff-Appellant.

Virginia Laughlin Schlueter, Federal Public Defender, Robin Elise Schulberg, New Orleans, LA, for Defendant-Appellee.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

The district court granted Appellee James Hayes's motion for reconsideration, finding that he is entitled to habeas relief under 28 U.S.C. § 2255 because his sentencing counsel provided ineffective assistance. The district court resentenced Hayes to 210 months' imprisonment, thereby reducing his sentence by 150 months. The United States appeals, requesting that we vacate the order and reinstate Hayes's prior sentence of 360 months' imprisonment...

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