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U.S. v. BEAR

No. 89-30200.

915 F.2d 1259 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Michael J. BEAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 26, 1990.

Attorney(s) appearing for the Case

Robert L. Brower, Lewiston, Idaho, for defendant-appellant.

Joanne P. Rodriguez, Asst. U.S. Atty., Boise, Idaho, for plaintiff-appellee.

Before WALLACE, HALL and WIGGINS, Circuit Judges.

WALLACE, Circuit Judge:

Bear appeals his conviction for burglary pursuant to 18 U.S.C. § 1153. He contends that the district court erred by sentencing him under the federal Sentencing Guidelines (Guidelines) rather than under Idaho sentencing law. The district court possessed jurisdiction pursuant to 18 U.S.C. § 1153. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We vacate Bear's sentence and remand to the district court...

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