Acknowledgement of receipt (02/12/08) of judgment from Clerk, United States Court of Appeals for the Eighth Circuit received.

JUDGMENT ISSUED.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Gall v. United States, 552 U.S. ____ (2007). (orders list)

DISTRIBUTED for Conference of January 4, 2008.

DISTRIBUTED for Conference of September 24, 2007.

Memorandum of respondent United States filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 7, 2007)

Application (06A1192) granted by Justice Alito extending the time to file until July 30, 2007.

Application (06A1192) to extend the time to file a petition for a writ of certiorari from June 28, 2007 to August 27, 2007, submitted to Justice Alito.

Anthony Gentile, Petitioner, represented by Bartholomew J. Baumstark

United States, Respondent, represented by Paul D. Clement