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

061661P.pdf   11/30/2006  USA  v.  Korey L. Blackford
   U.S. Court of Appeals Case No:  06-1661
   Northern District of Iowa   
   [PUBLISHED] [Gruender, Author, with Wollman and Riley, Circuit
   Judges]
Criminal Case - sentence. Government appeals grant of downward variance. District court abused its discretion in granting variance based on the section 1B1.8 sentencing immunity provision when the defendant and the government did not include such a provision in the cooperation agreement. Case is remanded and district court should first determine appropriate sentencing range under the guidelines before determining appropriateness of variance.