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                        as a courtesy to the reader. They are not part of the opinion of the court.

071231P.pdf   08/06/2008  United States  v.  Tamara Azure
   U.S. Court of Appeals Case No:  07-1231
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Melloy, Author, with Beam and Shepherd, Circuit Judges]
   Criminal case - Sentencing. District court's findings were inadequate
   to support and explain the court's decision to upwardly departing from
   criminal history category I to criminal history category VI; district court
   did not apply the correct burden of proof when it considered the absence
   of self-defense related to the conduct underlying a dismissed count; after
   self-defense became an issue at sentencing, the government bore the
   burden of establishing, by a preponderance of the evidence, that
   defendant did not act in self-defense; as these procedural errors cannot be
   considered harmless, the matter must be remanded for resentencing.