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.