Legal Opinion

United States v. Horace Joseph Big Medicine

Court of Appeals for the Tenth Circuit

Decided December 29, 1995No. 95-8001PublishedCited by 13 opinions

1Opinion of the Court

SEYMOUR, Chief Judge.

Horace Joseph Big Medicine pled guilty to one count of sexual abuse of a minor in violation of 18 U.S.C. §§ 2243(a) and 1153. In sentencing Big Medicine, the district court upwardly departed from the Sentencing Guidelines, and Big Medicine challenges the departure on appeal. Because we conclude that one of the bases for the upward departure was improper, we vacate the sentence and remand for resentencing. 1

I

In May 1994, Big Medicine’s stepdaughter disclosed that Big Medicine and she had engaged in sexual intercourse and that she was pregnant. At the time, the stepdaughter…

2Cases cited7 opinions

  1. United States v. Won Tae KimCourt of Appeals for the Second Circuit · 1990
  2. United States v. Gregory J. WhiteCourt of Appeals for the Tenth Circuit · 1990
  3. United States v. Jesse ZamarripaCourt of Appeals for the Tenth Circuit · 1990
  4. United States v. Jesus Castro-CervantesCourt of Appeals for the Ninth Circuit · 1991
  5. United States v. Luis Plaza-GarciaCourt of Appeals for the First Circuit · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. United States v. John BairdCourt of Appeals for the Third Circuit · 1997
  2. United States v. Cyril S. Plumman, Also Known as Steve PlummanCourt of Appeals for the Eighth Circuit · 2005
  3. United States v. Jay Fredrick NagelCourt of Appeals for the Eleventh Circuit · 2016
  4. United States v. Manuel Abraham Casteneda Medina, Ismael Ramirez Fajardo, Domingo Rafael Ortiz Cotoa, Miguel Martinez-Rios, Francisco Sanchez MartinezCourt of Appeals for the Eleventh Circuit · 1996
  5. United States v. Daniel Von LohCourt of Appeals for the Seventh Circuit · 2005

8 more not listed; retrieve them via the Exa API.

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