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

073334P.pdf   09/26/2008  United States  v.  Artemio Reyes-Solano
   U.S. Court of Appeals Case No:  07-3334
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Loken, Author, with Bye and Colloton, Circuit Judges]
   Criminal case - Sentencing. District court erred in applying Shepard
   v. United States, 544 U.S. 13 (2005) to defendant's prior Mississippi
   convictions for domestic assault and assault of a police officer, an
   error that undermines the court's assessment of a four-level increase
   under Guidelines Sec. KL1.2(b)(1)(E); while the court's upward variance
   suggests this error may have been harmless, the four-level increase
   substantially increased the advisory Guidelines range, and the prudent
   course of action is to remand the case for resentencing.