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101172P.pdf 03/02/2011 United States v. Percy Webster
U.S. Court of Appeals Case No: 10-1172
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Riley, Author, with Melloy and Gruender, Circuit Judges]
Criminal case -Sentencing. The modified categorical approach, and its
attendant evidentiary limitations, set out in Shepard v. United States, 544,
U.S. 12 (2005) does not apply to this case, and the district court erred in
sustaining defendant's objection to the use of certain documents as being
noncompliant with Shepard; as a result, the case is reversed and
remanded for resentencing.