U.S. v. SICKEN

No. 99-1166.

223 F.3d 1169 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel Harris SICKEN; Oliver Sachio Coe, also known as Oliver Hydon, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 15, 2000.


Attorney(s) appearing for the Case

Sean Connelly, Assistant U.S. Attorney (Thomas L. Strickland, United States Attorney, and Bernard E. Hobson, Assistant U.S. Attorney, with him on the brief), Denver, Colorado, for Plaintiff-Appellant.

Scott Poland of Poland & Wheeler, Lakewood, Colorado, and Richard N. Stuckey, Denver, Colorado, for Defendants-Appellees.

Before BRORBY, McKAY, and BRISCOE, Circuit Judges.


McKAY, Circuit Judge.

The United States appeals the district court's four-level downward departure in sentencing two anti-nuclear protestors who broke into and damaged a secured intercontinental ballistic missile site. Pursuant to 18 U.S.C. § 3742(b), the government challenges the ability of the district court to depart downward. We exercise jurisdiction pursuant to 28 U.S.C. § 1291.

I.

Defendants Daniel Harris Sicken and Oliver Sachio...

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