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U.S. v. BAYLES

Nos. 01-4092, 01-4097.

310 F.3d 1302 (2002)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. Randee Lee BAYLES, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

November 15, 2002.

Attorney(s) appearing for the Case

Brett Tolman, Assistant United States Attorney, (Paul M. Warner, United States Attorney, and Diana Hagen, Assistant United States Attorney, on the briefs), District of Utah, for the Plaintiff-Appellant/Cross-Appellee.

Ronald J. Yengich, (Bradley P. Rich and Vanessa Ramos-Smith, on the briefs), of Yengich, Rich, and Xaiz, Salt Lake City, UT, for the Defendant-Appellee/Cross-Appellant.

Before HENRY, PORFILIO, and ANDERSON, Circuit Judges.

HENRY, Circuit Judge.

Randee Lee Bayles pleaded guilty to possessing a firearm while subject to a domestic violence protective order, in violation of 18 U.S.C. § 922(g)(8).1 Because Mr. Bayles was unaware of that statute, the district court granted a seven-level downward departure and imposed a sentence of twenty-four months' probation.

The government now appeals the downward departure...

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