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U.S. v. MAXWELL

Nos. 11-1073, 11-1074.

664 F.3d 240 (2011)

UNITED STATES of America, Appellee, v. Kelly James MAXWELL, Appellant. United States of America, Appellee, v. Natalie Renee Delores Ann Smith, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 22, 2011.

Attorney(s) appearing for the Case

Rabea J. Zayed , argued, Minneapolis, MN, for appellant Maxwell.

Katherine M. Menendez , AFPD, argued, Cicely Miltich , Law Clerk, on the brief, Minneapolis, MN, for appellant Smith.

Michael L. Cheever , AUSA, argued, Minneapolis, MN, Clifford Ben Wardlaw , AUSA, on the brief, St. Paul, MN, for appellee.

Before WOLLMAN, MURPHY, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Kelly Maxwell and Natalie Smith each pled guilty to second degree murder committed on the Red Lake Indian Reservation in Northern Minnesota. Each received a sentencing guideline range of 168-210 months, but Smith was credited with providing substantial assistance to the government and received a downward departure. The district court1 sentenced Smith to 121 months and varied upward in sentencing Maxwell to 222 months...

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