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U.S. v. HOYUNGOWA

No. 89-10485.

930 F.2d 744 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Craig HOYUNGOWA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1991.

Attorney(s) appearing for the Case

David G. Alvarez, Federal Public Defender, Phoenix, Ariz., for defendant-appellant.

Linda A. Akers, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before TANG, NORRIS and FERNANDEZ, Circuit Judges.

TANG, Circuit Judge:

Craig Hoyungowa appeals the district court's upward departure from the Sentencing Guidelines in sentencing him for the murder of Dean James, a Bureau of Indian Affairs officer. The district court departed upwardly because of Hoyungowa's criminal history, the psychological impact on James' family, and the victim's status as a law enforcement officer. We reverse and remand for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

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