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2 Sep 2008, 5:17 pm
Brattain, No. 07-1594 A sentence for aggravated sexual abuse of a minor is vacated and remanded for resentencing where, contrary to the district court's conclusion, the district court's refusal to apply an enhancement pursuant to U.S.S.G. section 4B1.5(b) was error because defendant qualified as a repeat offender, and Congress explicitly revised the enhancement to apply to repeat-offenders who abuse only a single victim. [read post]