Appeal from the Iowa District Court for Woodbury County, Tod J. Deck, Judge. ONGOING-CRIMINAL-CONDUCT CONVICTION AND SENTENCE VACATED, REMAINING SENTENCES AFFIRMED, AND REMANDED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Ahlers, J. (10 pages)

Gary Dains contends on appeal that the district court erred in denying his motion for judgment of acquittal as to his ongoing-criminal-conduct charge and that the district court abused its discretion in deciding his sentence. OPINION HOLDS: Because there is insufficient evidence to convict Dains of the ongoing-criminal-conduct charge, we vacate that conviction and sentence and remand for dismissal. The court did not abuse its discretion in sentencing Dains on his remaining convictions.