U.S. v. WOLFE

No. 04-2114.

435 F.3d 1289 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Tara N. WOLFE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 31, 2006.


Attorney(s) appearing for the Case

Joseph W. Gandert, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant Tara N. Wolfe.

Laura Fashing, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee United States of America.

Before EBEL, McWILLIAMS, and MURPHY, Circuit Judges.


EBEL, Circuit Judge.

In this direct criminal appeal, Defendant-Appellant Tara N. Wolfe appeals only her sentence, challenging the district court's decision to depart upward from the then-mandatory sentencing guideline range. In reversing and remanding for resentencing, we conclude the district court erred in departing upward based on factors that impermissibly double-counted facts that were already taken into account by the guidelines' calculation of the applicable...

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