Court of Appeals for the Tenth Circuit December 8, 2004, No. 04-2012 (United States v. Begay)

ORDER AND JUDGMENT*

TACHA, Chief Circuit Judge.

Defendant-Appellant Harold Begay pleaded guilty to second degree murder in Indian Country in violation of 18 U.S.C. §§ 1111 and 1153. Mr. Begay moved for a downward departure under U.S. Sentencing Guidelines Manual (2003) (“U.S.S.G.”) § 5K2.10, which allows for a departure if the victim’s conduct contributed to the crime.