U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

US v. Cherry, No. 08-7090

Defendant's firearm possession sentence in connection with a murder is affirmed where the district court was not bound at sentencing by the terms of the federal homicide statutes, and a perfect match was not required between defendant's conduct and the homicide guideline selected as the most analogous.

Read US v. Cherry, No. 08-7090

Appellate Information

Filed July 13, 2009


Opinion by Judge Hartz


For Appellant:

Robert Ridenour, Assistant Federal Public Defender, Office of Federal Public Defender, Eastern District of Oklahoma, Tulsa, OK

For Appellee:

Robert Wallace, Assistant United States Attorney, Muskogee, OK