061667P.pdf   10/10/2008  USA  v.  Francisco Garate
   U.S. Court of Appeals Case No:  06-1667
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Hansen, Author, with Murphy and Smith, Circuit Judges]
   Criminal case - Sentencing. On remand from the United States
   Supreme Court for reconsideration under Gall. For the court's earlier
   opinion, see U.S. v. Garate, 482 F.3d 1013 (8th Cir. 2007), vacated, 128
   S.Ct. 862 (2008). Thirty-month sentence was not substantively
   unreasonable as the court considered the relevant factors under 18 U.S.C.
   Sec. 3553(a) and gave detailed reasons for sentencing defendant below
   the advisory guidelines range.
  
061667P.pdf   04/03/2007  USA  v.  Francisco Garate
   U.S. Court of Appeals Case No:  06-1667
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Murphy, Author, with Hansen and Smith, Circuit
   Judges]
   Criminal case - Sentencing. District court gave undue weight to
   defendant's youth and his lack of a prior criminal record in granting a
   substantial sentencing variance; court also failed to give appropriate
   weight to a number of aggravating factors when it set sentence; case
   remanded for resentencing.