[DOWNLOAD] "United States v. Tate" by United States Court of Appeals for the Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Tate
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 15, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
In August of 2006, Lando v. Tate was convicted by a jury on one count of being a felon in possession of a firearm. The Sentencing Guidelines range was calculated to be 84 to 105 months of imprisonment, but the government moved for an upward departure on the basis that Tates criminal history category failed to accurately reflect the seriousness of his prior criminal conduct. It further argued that, based upon the 18 U.S.C. § 3553(a) factors, the statutory maximum of 120 months imprisonment was the more appropriate punishment. At the sentencing hearing, the district court declined to impose an upward departure under the Guidelines, but did impose the statutory maximum sentence of 120 months imprisonment based on the § 3553(a) factors. Tate now appeals his sentence. For the reasons set forth below, we AFFIRM the judgment of the district court.
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