United States Eighth Circuit

Sentence for abusive sexual contact of a child is reversed and remanded where: 1) defendant's challenge to the government's performance under the plea agreement is rejected as any error is neither clear nor obvious; and 2) the district court erred in increasing the criminal history category by concluding defendant had a prior sex offense conviction as there was no record evidence the victim in the prior crime was a minor as required by U.S.S.G. sec. 4B1.5(a).

Appellate Information

• Decided 06/25/2009
• Published 06/25/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary G. Colbath, Jr., AFPD, argued, Rapid City, SD, for appellant.


• For Appellees:
  
• Mark E. Salter, AUSA, argued, Sioux Falls, SD, Mara M. Kohn, AUSA, on the brief, Rapid City, SD, for appellee.