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

072620P.pdf   06/27/2008  United States  v.  Robert Kemp
   U.S. Court of Appeals Case No:  07-2620
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Murphy, Author, with Arnold and Benton, Circuit Judges]
   Criminal case - Sentencing. District court erred by failing to calculate
   defendant's guideline range; the court also failed to adequately account
   for the two factors it relied upon to depart upward by failing to explain
   their relative weight and citing a guideline enhancement as a basis for
   departure. Case remanded for resentencing, with direction to the court to
   unambiguously calculate the appropriate guidelines range and make clear
   its reasons for any upward departure.