U.S. v. PEÑA-HERMOSILLO

No. 06-8075.

522 F.3d 1108 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Louiz PEÑA-HERMOSILLO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 15, 2008.


Attorney(s) appearing for the Case

Kenneth R. Marken, Special Assistant United States Attorney (Matthew H. Mead, United States Attorney, David A. Kubichek, Assistant United States Attorney with him on the briefs), Casper, WY, for the Plaintiff-Appellant.

David L. Serelson, Cheyenne, WY, for the Defendant-Appellee.

Before McCONNELL, SEYMOUR, and EBEL, Circuit Judges.


McCONNELL, Circuit Judge.

The government appeals the district court's decision to sentence the defendant to 121 months in prison, well below the applicable advisory Sentencing Guidelines range. Prior to varying downward, the court rejected the applicability of two sentencing enhancements recommended by the pre-sentence report and urged by the government. We find that the district court committed procedural error in its calculation of the advisory Guidelines range...

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