United States Tenth Circuit

Defendant's sentence for involuntary manslaughter is reversed where the district court erred in departing upward based on factors double-counting facts that were already taken into account by the guidelines' calculation of the applicable sentencing range or by other departure factors, and failed to explain the degree of its departure adequately.

Appellate Information

• Decided 02/01/2006
• Published 02/01/2006

Judges

• EBEL, Circuit Judge., Before EBEL, McWILLIAMS , and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Joseph W. Gandert, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant Tara N. Wolfe., Laura Fashing, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee United States of America.