Legal Opinion
United States v. Benally
Court of Appeals for the Tenth Circuit
Decided June 9, 2000No. 99-2145PublishedCited by 18 opinions
1Opinion of the Court
BRORBY, Circuit Judge.
The government raises a single issue on appeal: whether the district court erred by departing downward five levels on the basis of aberrant behavior when sentencing Mr. Benally for aggravated sexual abuse of a child in Indian country. Concluding none of the factors cited by the district court singly or collectively justify an aberrant behavior departure, we reverse and remand for re-sentencing.
BACKGROUND
Mr. Benally, an American Indian, pleaded guilty to sexually assaulting a female child in 1998, when he was twenty-four years old. He admitted committing the assault when…
2Cases cited18 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. James E. CareyCourt of Appeals for the Seventh Circuit · 1990
- United States of America, Cross-Appellant v. Irma Pena, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1991
- United States v. GrandmaisonCourt of Appeals for the First Circuit · 1996
- United States v. James CollinsCourt of Appeals for the Tenth Circuit · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- United States v. SimsCourt of Appeals for the Tenth Circuit · 2005
- United States v. McClatcheyCourt of Appeals for the Tenth Circuit · 2003
- United States v. ConstantineCourt of Appeals for the Tenth Circuit · 2001
- United States v. GoldbergCourt of Appeals for the Tenth Circuit · 2002
- Floyd v. RickettsCourt of Appeals for the Tenth Circuit · 2002
13 more not listed; retrieve them via the Exa API.