Rehearing and Rehearing En Banc Denied: January 23, 2003.
MURPHY, Circuit Judge.
Ira H. Roberts pled guilty to aggravated sexual abuse of a child in violation of 18 U.S.C. §§ 1153 & 2241(c). The district court departed downward from the guideline range it had calculated and sentenced Roberts to 45 months. The government appeals, and we reverse.
The acts that were the basis for the charges in this case occurred in May 1997 on the Omaha...
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