United States Ninth Circuit

Sentence set by the district court pursuant to U.S.S.G. section 5K2.20 is affirmed where the government failed to preserve for appeal its objection to the aberrant behavior departure.

Appellate Information

• Argued 06/05/2003
• Decided 11/03/2003
• Published 11/03/2003

Judges

• Before HUG, B. FLETCHER, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William W. Mercer, United States Attorney, Billings, MT, for the plaintiff-appellant.


• For Appellees:
  
• Anthony R. Gallagher, Assistant Federal Public Defender, Great Falls, MT, for the defendant-appellee.