U.S. v. BENALLY

No. 99-2145.

215 F.3d 1068 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Tyrone BENALLY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 9, 2000.


Attorney(s) appearing for the Case

Kathleen A. Felton, (John J. Kelly, United States Attorney, and Kathleen Bliss, Assistant United States Attorney, District of New Mexico, with her on the briefs), Department of Justice, Washington, D.C., for Plaintiff-Appellant.

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellee.

Before TACHA, HOLLOWAY and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

The government raises a single issue on appeal: whether the district court erred by departing downward five levels on the basis of aberrant behavior when sentencing Mr. Benally for aggravated sexual abuse of a child in Indian country. Concluding none of the factors cited by the district court singly or collectively justify an aberrant behavior departure, we reverse and remand for re-sentencing.

BACKGROUND

Mr. Benally, an American...

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