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Tenth Circuit Announces District Court Erred in Applying Attempted Murder Cross-Reference Under U.S.S.G. § 2A2.1 Based on Malice Aforethought, Without Finding Intent to Kill

by Douglas Ankney

The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the Western District of Oklahoma erred in applying United States Sentencing Guideline (“U.S.S.G.”) § 2A2.1(a)(2) without a specific finding of an intent to kill.

A jury convicted Jimmy Lee Brooks of ...

 

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