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                        as a courtesy to the reader. They are not part of the opinion of the court.

021196P.pdf   10/17/2002  United States  v.  Marlon Dale Sun Bear
   U.S. Court of Appeals Case No:  02-1196
   District of South Dakota   
   Criminal case - Sentencing Guidelines. District court did not 
   err in determining defendant was a career offender; although 
   his state court conviction for attempted escape did not qualify 
   as a felony crime of violence, defendant had two other prior 
   convictions which did qualify as crimes of violence; attempted 
   theft of a vehicle qualifies as a crime of violence under section 
   4B1.2 of the guidelines because of the risks and dangers 
   inherent in such an offense; dissent by Judge Melloy on the 
   question of whether attempted theft of a vehicle is a crime of violence.