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U.S. v. TSOSIE

No. 93-2145.

14 F.3d 1438 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Jimmy M. TSOSIE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 14, 1994.

Attorney(s) appearing for the Case

Don J. Svet, U.S. Atty. and Joe M. Romero, Jr., Asst. U.S. Atty., on appellant's opening brief; Larry Gomez, succeeding U.S. Atty. and Joe M. Romero, Jr., on reply brief, Albuquerque, NM, for plaintiff-appellant.

Tova Indritz, Federal Public Defender, Office of the Federal Public Defender, Albuquerque, NM, for defendant-appellee.

Before KELLY and BARRETT, Circuit Judges, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge:

In this case we must decide whether under U.S.S.G. § 5K2.0 and 18 U.S.C. § 3553(b) the facts present "aggravating or mitigating circumstance[s] of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described" so as to allow a downward departure in sentencing. We conclude that they do. However, the record...

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