United States Tenth Circuit
US v. Sims, 03-2151, 03-2177
Defendant's sentence on charges related to enticing minors to engage in sexual acts is reversed where downward departures on the basis of his "acceptance of responsibility" and "aberrant behavior" were not warranted due to defendant's challenge of an essential factual element of the crime and his detailed scheming and planning.
Appellate Information
- Decided 11/10/2005
- Published 11/10/2005
Judges
- EBEL, Circuit Judge., Before EBEL, BALDOCK, and HARTZ, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Tova Indritz, Albuquerque, NM, for Appellant.
- For Appellees:
- David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the briefs), Albuquerque, NM, for Appellee.