U.S. v. MALTAIS

No. 91-8060.

961 F.2d 1485 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Gordon Allen MALTAIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 15, 1992.


Attorney(s) appearing for the Case

Submitted on the Briefs:1

Richard Stacy, U.S. Atty., and Lisa E. Leschuck, Asst. U.S. Atty., Cheyenne, Wyo., for plaintiff-appellee.

Daniel G. Blythe of Rogers, Blythe & Lewis, Cheyenne, Wyo., for defendant-appellant.

Before MOORE, TACHA and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

Mr. Maltais violated his probation. The sentencing court sentenced him to a longer sentence than it could have originally imposed under the Sentencing Guidelines which were in effect at the time it placed him on probation. Mr. Maltais appeals the sentence. We reverse.

Facts

In 1988, Mr. Maltais, a convicted felon, fired approximately 100 rounds at rest rooms and garbage cans on Forest Service property. Mr. Maltais subsequently...

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