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143833P.pdf   05/02/2016  United States  v.  Terry Dean Iceman
   U.S. Court of Appeals Case No:  14-3833
   U.S. District Court for the District of Minnesota - St. Paul   
[PUBLISHED] [Bye, Author, with Wollman and Loken, Circuit Judges] Criminal Case - sentencing. At the time of the offense of strangulation, the Sentencing Commission had not yet promulgated a corresponding guideline; the district court's reliance on U.S.S.G. sec. 2A2.3 was proper, as the underlying facts of the strangulation conviction was consistent with domestic violence; it was the only guideline containing the same element of the existence of an intimate relationship between the attacker and the victim. There was no evidence that district court sentenced Iceman under Guideline in effect at the time of sentencing and thus sentence did not violate the Ex Post Facto Clause. Thus, the district committed no error, let alone plain error.