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U.S. v. KELLY

No. 92-5045.

1 F.3d 1137 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Gene KELLY, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 13, 1993.

Attorney(s) appearing for the Case

Thomas S. Woodward, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty., with him on the brief), Tulsa, OK, for plaintiff-appellee.

Robert R. Nigh, Jr., Asst. Federal Public Defender (Stephen J. Greubel, Asst. Federal Public Defender, on the brief), Tulsa, OK, for defendant-appellant.

Before BALDOCK and BRORBY, Circuit Judges, and VRATIL, District Judge.

BRORBY, Circuit Judge.

Appellant, Jimmy Gene Kelly, appeals his sentence of 360 months for the conviction of second degree murder under 18 U.S.C. § 1111. Appellant contends the sentencing court improperly departed upward from the applicable guideline range in imposing the sentence.

BACKGROUND

Mr. Kelly, who is part Cherokee Indian, committed the murder on a Quapaw Indian allotment, thus bringing the crime within federal jurisdiction. 18 U.S...

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