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

031485P.pdf   02/02/2004  United States  v.  Lester Weasel Bear
   U.S. Court of Appeals Case No:  03-1485
   District of South Dakota   
Criminal case - Sentencing Guidelines. In a case involving a guilty plea to the offense of murder in the second degree in the course of a federal robbery under 18 U.S.C. Sec. 1111, the district court did not err in cross referencing Section 2B3.1(c)(1), the first degree murder guideline, as one who commits a murder as defined by 18 U.S.C. Sec. 1111 is to be sentenced under the first degree murder guideline; case remanded for resentencing on a related robbery count as the sentence imposed exceeds the 15-year statutory maximum for robbery. [PUBLISHED] [Murphy, Author]