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091621P.pdf   03/16/2010  United States  v.  Orville Myers
   U.S. Court of Appeals Case No:  09-1621
   District of Nebraska - Lincoln   
   [PUBLISHED] [Benton, Author, with Loken, Chief Judge and
   Gruender, Circuit Judge]
Criminal case - Sentencing. District court did not impermissibly double-count a prior conviction for sexual assault by including it in both defendant's base offense level and his criminal history category as the harm of his prior conviction was not fully accounted for by either guideline alone; even if double-counting did occur, it was permissible because the Sentencing Commission intended the result and the offense level and criminal history sections address different concerns.