DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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]