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121339P.pdf 01/15/2013 United States v. Christopher Grant
U.S. Court of Appeals Case No: 12-1339
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Colloton,
Circuit Judge]
Criminal case - Sentencing. District court provided no justification for
its newly amended sentence under 28 U.S.C. Sec. 3582(c)(2), which
placed defendant in the middle of the amended guideline range when he
had previously been sentenced (and resentenced) at the bottom of the
applicable ranges; the court abused its discretion by failing to provide its
rationale for the sentence and the matter is remanded for further
proceedings. Chief Judge Riley, dissenting.