United States Tenth Circuit

Court did not err in departing upward from the Sentencing Guidelines range to account for multiple deaths and injuries resulting from defendant's criminal conduct in transporting unlawful aliens; court's treatment of each pseudo-count involving death or serious injury as a separate group was within its sound discretion.

Appellate Information

• Decided 05/28/2002
• Published 05/28/2002

Judges

• HARTZ, Circuit Judge., Before LUCERO, ANDERSON, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Raymond P. Moore, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, and Jenine Jensen, Assistant Federal Public Defender, with him on the briefs), Denver, Colorado, for Defendant-Appellant., James C. Murphy, Assistant United States Attorney (John W. Suthers, United States Attorney, with him on the brief), Denver, Colorado, for Plaintiff-Appellee.