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061471P.pdf   06/22/2007  United States  v.  Tyler M. Leach
   U.S. Court of Appeals Case No:  06-1471
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED][Smith, Author, with Wollman and Bye, Circuit Judges]
   Criminal case - Sentencing. Plea agreement did not preclude
   government from arguing for an enhancement under Guidelines Sec.
   4B1.5(a); District court erred in declining to apply enhancement under
   Sec. 4B1.5(a) for committing a sex offense after a prior sex offense
   conviction; defendant's argument that he was not subject to the
   enhancement because he had not yet been sentenced following his guilty
   plea to the prior sex offense must be rejected as this enhancement applies
   once a defendant is adjudged guilty of a sex offense, even if a sentence
   has not yet been imposed in the prior case.