United States v. Aaron Lowden
Court of Appeals for the Tenth Circuit
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
Aaron Lowden's conviction was affirmed the first time we considered this case. United States v. Lowden, 900 F.2d 213, 217 (10th Cir.1990). He also challenged the district court's decision not to depart downward from the range of Sentences prescribed by the sentencing guidelines. Because it was not clear from the record whether the district court declined to depart because it thought itself powerless to do so or because it felt that the facts simply did not warrant it, 1 we deferred our review of the sentence until the trial court "inform[ed] us whether or…
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