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031301P.pdf   03/08/2004  United States  v.  Delaney Poor Bear
   U.S. Court of Appeals Case No:  03-1301
   District of South Dakota   
   Criminal case - Sentencing Guidelines. District court erred in 
   sentencing defendant under the Criminal Sexual Abuse provision, rather 
   than the Abusive Sexual Contact provision, as the evidence did not 
   support the trial court's finding at sentencing that defendant had engaged 
   in a sexual act with the victim; on remand, the resentencing shall be 
   conducted on the existing sentencing record without the opportunity to 
   reopen or add to the record. 
   [PUBLISHED] [Melloy, Author]