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073650P.pdf   08/14/2008  United States  v.  Antwain Davis
   U.S. Court of Appeals Case No:  07-3650
   District of Nebraska - Omaha   
   [PUBLISHED] [Arnold, Author, with Riley and Hansen, Circuit Judges]
   Criminal Case - sentencing. District court's determination that it
   was bound to give consideration to 100-to-1 crack/powder ratio in
   section 841(b) was plain error in light of change in law and error
   affected Davis's substantial rights as district court would probably
   have significantly decreased his sentence had it not believed it was
   bound by ratio. Case is remanded for resentencing. On remand, district
   court should explain whether it denied departure or refused to vary
   from guidelines based on defendant's family circumstances. Judge Hansen
   concurs in the result.