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051836P.pdf 03/03/2006 USA v. Unis Bah
U.S. Court of Appeals Case No: 05-1836
Northern District of Iowa
[PUBLISHED] [Gruender, Author, with Bye and Beam, Circuit Judges]
Criminal case - Sentencing. Because neither the Sec. 2B1.1(c)(3)
cross-reference nor the Sec. 1B1.2(a) cross-reference could be utilized
to sentence defendant pursuant to Sec. 2L2.1, the district court erred
in determining the sentencing range under the guidelines, and defendant's
sentence should have been calculated using Sec. 2B1.1; government could
not show this error was harmless, and the matter must be remanded for
resentencing.