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232605U.pdf  04/25/2024  United States  v.  Tyrelle Smiley
   U.S. Court of Appeals Case No:   23-2605
   U.S. District Court for the District of Nebraska - Lincoln   
   [UNPUBLISHED] [Per Curiam - Before Colloton, Chief Judge, Erickson, and 
   Kobes, Circuit Judges.] 
   The district court erred in applying an above-guidelines sentence based on 
   a clearly erroneous fact. Vacated and remanded for sentencing.