United States Ninth Circuit

Consecutive life sentences for second degree murders are vacated and remanded where the district court abused its discretion in applying: 1) a "vulnerable victim" enhancement to defendant's sentence solely based on the remote location in which the victims found themselves when attacked; and 2) a two-level "obstruction of justice" enhancement solely on the basis of actions that defendant took before an investigation had begun.

Appellate Information

• Decided 04/14/2008
• Published 04/14/2008

Judges

• GOULD, Circuit Judge:, Before:  B. FLETCHER, ANDREW J. KLEINFELD, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark S. Werner, at argument, & Anthony R. Gallagher, on the briefs, Federal Defenders of Montana, Billings, MT, for appellant Eugene Rising Sun.


• For Appellees:
  
• Corey Endo, at argument, and William W. Mercer & Lori Harper Suek, on the briefs, U.S. Attorney's Office, Billings, MT, for appellee United States.