U.S. v. PETERSEN

Nos. 01-1220, 01-1221.

276 F.3d 432 (2002)

UNITED STATES of America, Appellant/Cross-Appellee, v. Michael T. PETERSEN, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 10, 2002.


Attorney(s) appearing for the Case

Rita Allen, Asst. U.S. Attorney, Sioux Falls, SD, argued, for appellant.

Bruce Ellison, Rapid City, SD, argued, for appellee.

Before WOLLMAN, Chief Judge, LAY and RILEY, Circuit Judges.


RILEY, Circuit Judge.

The government appeals the district court's sua sponte five-level downward departure involving Michael T. Petersen's convictions for assault, aggravated sexual abuse and burglary on an Indian Reservation. The court departed under 18 U.S.C. § 3553(b) and the United States Sentencing Guideline Manual (USSG) § 5K2.0, p.s., on the bases of (1) a mitigating circumstance of temporary insanity, and (2) the burglary and aggravated sexual abuse...

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