United States v. Benally
Court of Appeals for the Tenth Circuit
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…
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