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032942P.pdf   07/13/2004  USA  v.  Thomas Eugene Mills
   U.S. Court of Appeals Case No:  03-2942
   Northern District of Iowa   
Criminal Case - sentencing. District court erred in relying on Second Circuit decision in determining defendant's three prior burglary convictions were part of single common scheme or plan and disqualified as a career criminal under Guidelines 4B1.1. Under Eighth Circuit precedent, prior burglary convictions were not part of common scheme or plan, as they took place over six-month period, were committed in different counties, against different victims and were not consolidated for disposition at trial or sentencing. Sentence is reversed and case remanded for resentencing. [PUBLISHED] [Smith, Author, with Heaney and Murphy, Circuit Judges]