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042693P.pdf   08/23/2005  United States  v.  David Burling
   U.S. Court of Appeals Case No:  04-2693
   District of Nebraska   
   [PUBLISHED] [Smith, Author, with Murphy and Heaney, Circuit 
   Judges] 
   Criminal case - Sentencing Guidelines. Under the circumstances of the 
   plea, defendant did not waive his right to appeal on a Booker issue; 
   Booker issue was properly preserved, and the case is remanded for further 
   sentencing proceedings pursuant to Booker.