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United States of America v. Jesse Leahy

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Before Boudin, Selya and Howard, Circuit Judges.

Following the vacation of his original sentence and a remand for resentencing, the district court sentenced defendant-appellant Jesse Leahy to serve a ten-year incarcerative term. The defendant now challenges this newly imposed sentence on two grounds, insisting that the sentencing court abused its discretion in (i) refusing to reconsider certain guidelines-related arguments, and (ii) imposing overly harsh punishment. After careful consideration, we affirm the sentence.

Our first interaction with the defendant occurred when we affirmed his conviction and his original sentence. See United States v. Leahy, 473 F.3d 401 (1st Cir. 2007). That opinion catalogued the facts of the case, see id. at 404-05, and we assume the reader’s familiarity with it. We include here only an abbreviated account.

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