DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

213654P.pdf   08/02/2023  United States  v.  Jerell Haynie
   U.S. Court of Appeals Case No:  21-3654
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit Judges] 
   Criminal case - Sentencing. For the court's prior opinion in the matter 
   affirming defendant's conviction but remanding for resentencing, see U.S. 
   v. Haynie, 8 F.4th 801, 807 (8th Cir. 2021). On remand, defendant argued 
   the district court should adjust his sentence downward based on Guidelines 
   Sec. 5G1.3(b) to account for the time he served in Nebraska on drug 
   charges; at the time of sentencing, defendant had discharged his state 
   time, and the Section was inapplicable to his case; with respect to 
   defendant's claim the court should grant a downward departure based on 
   Guidelines Sec. 2E1.1, the court's refusal to grant the departure is not 
   reviewable; defendant's sentence was not substantively unreasonable.