United States Fifth Circuit

A life sentence, for second degree murder on a government reservation, is upheld where, though the court failed to "state in open court" the reasons for departure from the U.S.S.G., it later offered a written explanation which could be used by a appellate court on review; departure was not erroneous based on heinousness of the crime.

Appellate Information

• Decided 07/10/2002
• Published 07/10/2002

Judges

• JERRY E. SMITH, Circuit Judge:, Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, Mark Randolph Stelmach, Asst. U.S Atty., Austin, TX, for Plaintiff-Appellee., John Michael Hurley, Waco, TX, for Defendant-Appellant.