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U.S. v. SPEELMAN

Nos. 04-30067, 04-30069, 04-30068.

431 F.3d 1226 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey Gordon SPEELMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 16, 2005.

Attorney(s) appearing for the Case

Brad L. Arndorfer, Billings, MT, for the defendant-appellant.

Marcia Hurd, Assistant United States Attorney, Billings, MT, for the plaintiff-appellee.

Before SCHROEDER, Chief Judge, ALARCÓN and KLEINFELD, Circuit Judges.

ALARCÓN, Circuit Judge.

Jeffrey Speelman ("Mr. Speelman") appeals from the district court's sentencing decision. He contends that the district court erred in enhancing his sentence based on criminal conduct alleged in a charge dismissed pursuant to his plea bargain. He also maintains that the district court violated the Double Jeopardy Clause by applying an upward adjustment based on the age of the victim. The Government maintains that we cannot consider the...

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