U.S. v. TOM

No. 05-2347.

494 F.3d 1277 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Charlie TOM, Jr., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 1, 2007.


Attorney(s) appearing for the Case

J. Miles Hanisee, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the briefs), Albuquerque, New Mexico, for Plaintiff-Appellant.

Scott M. Davidson, Albuquerque, New Mexico, for Defendant-Appellee.

Before KELLY, EBEL, and HOLMES, Circuit Judges.


EBEL, Circuit Judge.

The United States appeals the sentence imposed by the district court on Defendant-Appellee Charlie Tom for the murder of his infant son. It contends that the award of a Guidelines sentencing range reduction based on Tom's acceptance of responsibility was inappropriate in light of Tom's challenge to the factual element of intent in the case against him. It further contends that the district court's decision to exercise its discretion under 18 U...

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