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151004P.pdf   05/03/2016  United States  v.  Fernando Martinez
   U.S. Court of Appeals Case No:  15-1004
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Bye, Author, with Loken and Kelly, Circuit Judges] 
   Criminal case - Sentencing. The government concedes defendant is no longer 
   a career offender under the residual clause of Section 4B1.2(a)(2) of the 
   Sentencing Guidelines as his conviction for escape is no longer a crime of 
   violence following the Supreme Court's decision in Johnson v. United 
   States, 135 S. Ct 2551 (2015); however, the court's alternative sentence 
   is substantively unreasonable because the degree of the variance - from a 
   guidelines range of 121-151 months to range of 262-327 months - was not 
   supported by the factors cited by the district court. Judge Loken, 
   concurring.