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132523P.pdf 07/14/2014 United States v. Christina Richey
U.S. Court of Appeals Case No: 13-2523
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Riley, Author, with Gruender and Shepherd, Circuit Judges]
Criminal case - Sentencing. To the extent a revocation sentence is based
on disputed and uncorroborated factual allegations contained in an
adjustment report, the sentence is procedurally erroneous under Gall;
here, however, the district court did not base its sentencing
determination on disputed or unproven facts but, rather, relied on
defendant's admitted violations. Judge Gruender, concurring.