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

061716P.pdf   12/21/2006  United States  v.  Frederick McCormick
   U.S. Court of Appeals Case No:  06-1716
                          and No:  06-1813
   District of Nebraska - Omaha   
   [PUBLISHED] [Bowman, Author, with Bye and Gruender, Circuit Judges]
Criminal Case - sentence. Grant of downward variance based on co- defendant's state sentence was error, as district court lacked authority to base variance on state sentence. District court clearly erred in sentencing defendant 43% below low end of guidelines and thus sentence is unreasonable.