042206P.pdf   06/03/2005  United States  v.  Cyril S. Plumman
   U.S. Court of Appeals Case No:  04-2206
   District of South Dakota   
   Criminal case - criminal law. District court did not err in determining 
   that defendant was not in custody at the time he was questioned by FBI 
   agents and that his statement was admissible; second statement was made 
   voluntarily and not as the result of any questioning, and it was 
   admissible; Batson challenge rejected; admission of other bad acts 
   evidence was proper under Rule 404(b); evidence was sufficient to 
   support convictions for aggravated sexual abuse of minors; district court 
   did not err in refusing to group the counts for sentencing purposes as the 
   offenses occurred on different dates and must be treated separately under 
   the applicable guidelines; applying Pirani's plain error analysis, the 
   district court's statements at sentencing demonstrated a reasonable 
   probability that the court would have imposed a lesser sentence under an 
   advisory guidelines scheme, and the case must be remanded for 
   resentencing under Booker. 
   [PUBLISHED] [Riley, Author, with M. Arnold and Beam, Circuit Judges]