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Dubuque man convicted in 2019 assault could be resentenced

An appellate court has ruled that a Dubuque man convicted of stabbing a teen in 2019 should be resentenced. Brett A. Gilden, 40, is currently serving 10 years in prison for the April 12 incident that left Dustin R. McGonigle, 19, injured during a fight between the two. The appellate court vacated the sentence arguing the judge was unaware of his discretion to reduce a five-year mandatory minimum sentence if mitigating circumstances exist, and because that discretion was not exercised, a resentencing is mandated, according to court documents filed Monday.
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