United States Tenth Circuit

Sentence of fifty-seven months for possession of firearms and ammunition by a convicted felon is affirmed. District court did not err in applying an upward departure under U.S.S.G. section 5K2.1 where the suicide of defendant's wife was a reasonably foreseeable result of his unlawful possession of firearms.

Appellate Information

• Decided 12/30/2008
• Published 12/30/2008

Judges

• HOLMES, Circuit Judge., Before TYMKOVICH, GORSUCH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Scott Keith Wilson, Assistant Federal Defender, Utah Federal Public Defender's Office (Steven B. Killpack, Utah Federal Public Defender, and D. Bruce Oliver of D. Bruce Oliver, LLC, of Salt Lake City, UT, with him on the brief), for Defendant-Appellant., Diana Hagen, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the brief), District of Utah, for Plaintiff-Appellee.