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U.S. v. LOWDEN

No. 89-2052.

905 F.2d 1448 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron LOWDEN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 20, 1990.

Attorney(s) appearing for the Case

Theresa E. Storch, Asst. Federal Defender, Albuquerque, N.M., for defendant-appellant.

Jim Murphy, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Joe M. Romero, Jr., Asst. U.S. Atty., on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before McKAY, ANDERSON and BRORBY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Aaron Lowden's conviction was affirmed the first time we considered this case. United States v. Lowden, 900 F.2d 213, 217 (10th Cir.1990). He also challenged the district court's decision not to depart downward from the range of sentences prescribed by the sentencing guidelines. Because it was not clear from the record whether the district court declined to depart because it thought itself...

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