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U.S. v. STARCEVICH

No. CR 08-16-BU-DWM.

638 F.Supp.2d 1222 (2009)

United States of America, Plaintiff, v. John Robert STARCEVICH, Defendant.

United States District Court, D. Montana, Butte Division.

July 30, 2009.

Attorney(s) appearing for the Case

Marcia Hurd, U.S. Attorneys Office, Billings, MT, Cyndee L, Peterson, U.S. Attorney's Office, Missoula, MT, for Plaintiff.

ORDER

DONALD W. MOLLOY, District Judge.

The parties disagree regarding Paragraph 13 on page 5 of the Pre-Sentence Report ("PSR") and whether the cross reference in U.S.S.G. § 2G3.1(c)(1) should apply, requiring the Court to turn to § 2G2.2 to calculate the guideline range. The government agrees with the final PSR that the cross-reference applies, and the Defendant argues it is inapplicable.

Section 2G3.1(c)(1) states that the district court...

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