United States v. Leon Brady

PREGERSON, Circuit Judge:

Leon Brady was convicted of voluntary manslaughter and assault with a dangerous weapon. He appeals the legality of his sentence, contending that its terms imper-missibly depart from the Federal Sentencing Guidelines. We conclude that the sentence imposed is incompatible with the Guidelines. We therefore vacate the sentence and remand this matter for further proceedings consistent with this opinion.

BACKGROUND

Charles Brady, an enrolled member of the Northern Cheyenne Indian Tribe, was indicted in July 1988 for first degree murder and assault with intent to commit murder…