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U.S. v. POOR BEAR

No. 03-1301.

359 F.3d 1038 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Delaney POOR BEAR, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 8, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Monica D. Thomas, AFPD, Rapid City, SD.

Counsel who presented argument on behalf of the appellee was Thomas J. Wright, AUSA, Sioux Falls, SD. Gregg S. Peterman, AUSA, Rapid City, SD, submitted appellee's brief.

Before BYE, HANSEN, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Delaney Poor Bear pleaded guilty to abusive sexual contact in violation of 18 U.S.C. §§ 2244(a)(2). He appeals his sentence, arguing that the district court clearly erred when it applied a cross-reference contained in the pertinent United States Sentencing Guidelines provision. For the reasons stated below, we reverse and remand for resentencing.

I.

Poor Bear pleaded guilty...

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