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073089P.pdf   07/22/2008  United States  v.  Bismarck Guillen-Esquivel
   U.S. Court of Appeals Case No:  07-3089
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Bye, Author, with Loken, Chief Judge, and Colloton,
   Circuit Judge]
Criminal case - Sentencing. 18 U.S.C. Sec. 1028(a)(3) effectively limits the authority of a district court to consider the sentence it might also be imposing for aggravated identity theft when it sets the overall sentence for the combined convictions; here the district court erred in considering the mandatory two-year term for identity theft when it reduced the document trafficking sentence from the advisory Guidelines range of 10 to 16 months to 7 days. Case remanded for resentencing.