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

043667P.pdf   01/30/2006  United States  v.  Patrick McMorrow
   U.S. Court of Appeals Case No:  04-3667
                          and No:  04-3851
   District of North Dakota   
   [PUBLISHED] [Riley, Author, with Bye and McMillian, Circuit Judges]
   Criminal case - criminal law and sentence. Defendant's waiver of right
   to trial by jury was voluntary and valid; case remanded for resentencing
   under Booker; on government's cross-appeal, the court concludes the
   district court erred in granting a departure based on diminished capacity
   under Guidelines Sec. 5K2.13; court also erred in granting a downward
   departure under Section 5K2.11; court erred in finding the case fell
   outside the heartland of the guidelines.