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U.S. v. LUCAS

No. 97-60577.

157 F.3d 998 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Walter F. LUCAS, also known as Lucas F. Walter, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 9, 1998.

Attorney(s) appearing for the Case

Lisa J. Stark, Civil Div. Appellate Staff, Dennis J. Dimsey, U.S. Dept. of Justice, Washington, DC, for Plaintiff-Appellant.

Lisa Diane Collums, Gulfport, MS, for Defendant-Appellee.

Before KING, SMITH and PARKER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The government appeals the district court's application of the sentencing guidelines. Finding error, we reverse and remand for resentencing.

I.

Walter Lucas was Acting Warden of River County Jail in River County, Mississippi. Eunice Alfred, a pretrial detainee, was working in Lucas's office when Lucas, without warning, reached into her sweat pants and placed his fingers into her vagina. Alfred, who was standing near...

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