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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.