Commentary and Summaries of Federal Criminal Cases Decided by the U.S. Court of Appeals for the Tenth Circuit
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Thursday, January 06, 2005
SENTENCING
United States v. Wood,
No. 03-5188, 386 F.3d 961 (10th Cir. Oct. 18, 2004)(N.D. Oklahoma).
Appeal of sentence for burglary in Indian Country in violation of Indian Major Crimes Act at 18 U.S.C. § 1153.
HELD: Indian Major Crimes Act assimilates only state law definition and punishment for crime (i.e., second degree burglary). It does not assimilate entirety of state sentencing laws. Thus, district court properly declined to suspend defendant’s sentence as would have been permitted under Oklahoma sentencing law and correctly sentenced defendant under federal sentencing guidelines with Oklahoma law setting maximum and minimum terms of imprisonment.
Read the opinion here
russwheeler 10:45 AM - [Link]
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