U.S. v. SAYAD

No. 08-1366.

589 F.3d 1110 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Alfered SAYAD, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 22, 2009.


Attorney(s) appearing for the Case

Michael C. Johnson, Assistant United States Attorney (David M. Gaouette, Acting United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellant.

Howard A. Pincus, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the brief), Denver, CO, for Defendant-Appellee.

Before KELLY, BRORBY, Senior Judge, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

I. Introduction

Alfered Sayad pleaded guilty to interstate travel in aid of racketeering, a violation of 18 U.S.C. § 1952(a)(3)(A). The district court sentenced Sayad to five years of probation, a sentence well below the range recommended by the United States Sentencing Guidelines ("USSG" or the "Guidelines"). The government appeals this below-Guidelines sentence, and this court treats its challenges under the rubrics of both...

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