U.S. v. HANSON

No. 00-5094.

264 F.3d 988 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Lee HANSON, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 9, 2001.


Attorney(s) appearing for the Case

Richard A. Friedman, Appellate Section, United States Department of Justice, Washington, DC, (Steven C. Lewis, United States Attorney, Thomas Scott Woodward, Assistant United States Attorney, Office of the United States Attorney, Tulsa, OK, with him on the briefs), for Plaintiff-Appellant.

Jack Schisler, Assistant Federal Public Defender (Stephen J. Knorr, Federal Public Defender, with him on the brief), Office of the Federal Public Defender, Tulsa, OK, for Defendant-Appellee.

Before EBEL, PORFILIO, and HENRY, Circuit Judges.


HENRY, Circuit Judge.

After the defendant Michael Lee Hanson pleaded guilty to second-degree murder in Indian country and using a firearm during a crime of violence, the government filed a motion for upward departure on the following grounds: (1) that the murder was premeditated; (2) that the murder was committed in order to facilitate a robbery; and (3) that Mr. Hanson's conduct was unusually heinous, cruel, and brutal. The district court denied the motion, and the...

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