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US v. Middagh, No. 09-2123

Defendant's sentence for theft of public money of two years' probation, conditioned on 240 hours of community service, is affirmed where: 1) it was reasonable for the presentence report to recommend, and the district court to agree, that the sanction for defendant's offense needed to be more than losing his right to hunt; and 2) the sentence was not procedurally unreasonable because little explanation was required for a within-guidelines sentence.

Read US v. Middagh, No. 09-2123

Appellate Information

Filed February 12, 2010


Opinion by Judge Hartz


For Appellant:

John Van Butcher, Assistant Federal Public Defender, Albuquerque, NM

For Appellee:

Mary L. Higgins, Assistant United States Attorney, Albuquerque, NM