UNITED STATES v. LEE

No. 21-6167.

71 F.4th 1217 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Lamar LEE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED June 27, 2023.


Attorney(s) appearing for the Case

Submitted on the briefs:* Laura K. Deskin , Research & Writing Specialist, Oklahoma City, Oklahoma ( Jeffrey M. Byers , Federal Public Defender, with her on the brief) for Defendant-Appellant Kenneth Lamar Lee.

Jessica L. Cardenas , Assistant United States Attorney, Oklahoma City, Oklahoma ( Robert J. Troester , United States Attorney, with her on the brief) for Plaintiff-Appellee United States of America.

Before McHUGH, EID, and CARSON, Circuit Judges.


The Supreme Court long ago axed the mandatory application of the United States Sentencing Guidelines ("U.S.S.G."). But the resulting grant of sentencing discretion to the district courts did not give them license to bypass the Guidelines altogether. Indeed, the advisory Guideline...

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