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.

083003P.pdf   06/25/2009  United States  v.  Brian Jeffries
   U.S. Court of Appeals Case No:  08-3003
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Wollman, Author, with Bright and Colloton, Circuit
   Judges]
   Criminal Case - conviction. Applying plain error review to claim that
   government breached the plea agreement by failing to affirmatively
   recommend a reduction based on acceptance of responsibility, error was
   neither clear nor obvious. District court erred in increasing criminal
   history category by concluding defendant had a prior sex offense
   conviction because there was no record evidence victim was a minor as
   required by U.S.S.G. section 4B1.5(a). Judgment is vacated and the case
   is remanded for resentencing. Judge Bright concurs, stating there was no
   need to reach plea agreement issue in light of remand.