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122271P.pdf 04/09/2013 United States v. Francisco Hernandez
U.S. Court of Appeals Case No: 12-2271
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Loken, Author, with Melloy and Colloton, Circuit Judges]
Criminal case - Sentencing. The district court did not clearly err when it
applied the proper standard and found defendant's 2011 state court
conviction was a "prior sentence" for criminal history purposes because it
was imposed for a "separate and distinct" offense. Judge Colloton, with
whom Judge Melloy joins, concurring in the judgment.