U.S. v. FAGAN

No. 97-3306.

162 F.3d 1280 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas W. FAGAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 29, 1998.


Attorney(s) appearing for the Case

Timothy J. Henry, Assistant Federal Public Defender, (David J. Phillips, Federal Public Defender, with him on the briefs), Federal Public Defender for the District of Kansas, Wichita, Kansas, for Appellant.

Debra L. Barnett, Assistant United States Attorney, (Jackie N. Williams, United States Attorney, with her on the brief), United States Attorneys Office, Wichita, Kansas, for Appellee.

Before PORFILIO, BRORBY, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

Appellant, Thomas W. Fagan, appeals the district court's denial of his motion for a downward departure. In his motion, Fagan argued he was entitled to a downward departure from the Sentencing Guidelines because of his sincere remorse. The district court ruled that it lacked discretion to consider remorse as a factor warranting a downward departure and denied the motion. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C...

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