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United States Tenth Circuit


US v. Cherry, 08-7090

Defendant's firearm possession sentence in connection with a murder is affirmed, where the district court was not bound at sentencing by the terms of the federal homicide statutes, and a perfect match was not required between defendant's conduct and the homicide guideline selected as the most analogous.

Appellate Information

  • Decided 07/13/2009
  • Published 07/13/2009

Judges

  • HARTZ, Circuit Judge., Before KELLY, BRISCOE, and HARTZ, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • Robert Ridenour, Assistant Federal Public Defender (Julia L. O'Connell, Federal Public Defender;  Barry L. Derryberry, Research & Writing Specialist, with him on the briefs), Office of Federal Public Defender, Eastern District of Oklahoma, Tulsa, OK, for Defendant-Appellant., Robert Wallace, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the brief), Muskogee, OK, for Plaintiff-Appellee.
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