United States Tenth Circuit

In the government's appeal of defendant's sentence for interstate travel in aid of racketeering, the sentence is affirmed where: 1) the district court committed no procedural error in mentioning defendant's Iranian-Christian status; and 2) the record supported the weight the district court attached to certain 18 U.S.C. section 3553(a) factors in varying downward from the applicable Guidelines sentence.

Appellate Information

• Decided 12/22/2009
• Published 12/22/2009

Judges

• MURPHY, Circuit Judge., Before KELLY, BRORBY, Senior Judge, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael C. Johnson, Assistant United States Attorney (David M. Gaouette, Acting United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Howard A. Pincus, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the brief), Denver, CO, for Defendant-Appellee.