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U.S. v. BIG MEDICINE

No. 95-8001.

73 F.3d 994 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Horace Joseph BIG MEDICINE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 29, 1995.

Attorney(s) appearing for the Case

David D. Freudenthal, United States Attorney, John R. Green, Assistant United States Attorney, District of Wyoming, Cheyenne, Wyoming, for Plaintiff-Appellee.

Corinne A. Miller, Casper, Wyoming, for Defendant-Appellant.

Before SEYMOUR, Chief Judge, McKAY, and EBEL, Circuit Judges.

SEYMOUR, Chief Judge.

Horace Joseph Big Medicine pled guilty to one count of sexual abuse of a minor in violation of 18 U.S.C. §§ 2243(a) and 1153. In sentencing Big Medicine, the district court upwardly departed from the Sentencing Guidelines, and Big Medicine challenges the departure on appeal. Because we conclude that one of the bases for the upward departure was improper, we vacate the sentence and remand for resentencing.1

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