U.S. v. RISING SUN

No. 06-30614.

522 F.3d 989 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene Raymond RISING SUN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2008.


Attorney(s) appearing for the Case

Mark S. Werner, at argument, & Anthony R. Gallagher, on the briefs, Federal Defenders of Montana, Billings, MT, for appellant Eugene Rising Sun.

Corey Endo, at argument, and William W. Mercer & Lori Harper Suek, on the briefs, U.S. Attorney's Office, Billings, MT, for appellee United States.

Before: B. FLETCHER, ANDREW J. KLEINFELD, and RONALD M. GOULD, Circuit Judges.


GOULD, Circuit Judge:

Eugene Rising Sun ("Rising Sun") appeals two consecutive life sentences which were imposed after he pled guilty to two counts of second-degree murder. He argues that the sentencing court erred in applying the enhancement found at U.S.S.G. § 3A1.1(b)(1) for vulnerable victims because of the remote location where the murders occurred and in applying the enhancement found at U.S.S.G. § 3C1.1 for obstruction of justice because he threatened...

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