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U.S. v. DOLAN

No. 08-2104.

567 F.3d 618 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Brian Russell DOLAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 27, 2009.

Attorney(s) appearing for the Case

Sara N. Sanchez, of Sheehan, Sheehan & Stelzner, P.A., Albuquerque, NM, for Defendant-Appellant.

Terri J. Abernathy, Assistant United States Attorney (Gregory J. Fouratt, United States Attorney with her on the brief), Las Cruces, NM, for Plaintiff-Appellee.

Before MURPHY, ANDERSON, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Brian Dolan viciously attacked a hitchhiker, leaving his victim by the side of the road bleeding, unconscious, with a great many broken bones. Eventually, officers found the hitchhiker and rushed him to a hospital. He survived, but his medical expenses topped $100,000. When it came time to sentence Mr. Dolan for his assault, the district court ordered him not only to serve 21 months in prison but to pay $250 monthly in restitution. Before us...

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