DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

061913P.pdf   01/17/2007  United States  v.  John M. Jenners
   U.S. Court of Appeals Case No:  06-1913
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Smith, Author, with Bowman and Colloton, Circuit Judges]
   Criminal case - Sentencing. District court appears to have relied on
   disputed facts in determining sentence without making any findings on
   the disputes, and the matter must be remanded for resentencing; on
   remand, district court may hear any evidence it could have heard at the
   first sentencing hearing in the matter, including mitigating evidence
   defendant wished to present; evidence of post-sentencing rehabilitation is
   not admissible on remand, since it could not have been presented at the
   first sentencing hearing.