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                        as a courtesy to the reader. They are not part of the opinion of the court.

042685P.pdf   08/23/2005  United States  v.  Mark Backer
   U.S. Court of Appeals Case No:  04-2685
   District of North Dakota   
   [PUBLISHED] [Smith. Author, with Murphy and Bye, Circuit Judges] 
   Criminal case - Sentencing Guidelines. Applying Pirani's plain error 
   analysis, defendant was entitled to Booker relief as there was a reasonable 
   probability that the district court would have imposed a lesser sentence 
   under an advisory guidelines scheme.