DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

021912P.pdf   12/13/2002  USA  v.  Ira Roberts
   U.S. Court of Appeals Case No:  02-1912
   District of Nebraska   
   Criminal case - Sentencing Guidelines. District court erred in 
   granting a downward departure based on its conclusion that the 
   case fell outside the heartland; aberrant behavior was not 
   available as a factor to move case from the heartland as 
   defendant had more than one criminal history point; none 
   of the other factors relied upon were found to be exceptional 
   nor were they sufficient to show this was an extremely rare 
   situation, justifying a departure; concurrence by Judge Bright.