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Criminal Law Keyed to Kadish
United States v. Deegan
Facts
Deegan (D), a Native American, abandoned her baby boy in her home on the Fort Berth Indian Reservation for a period of two weeks. The baby died before she returned. Her attempt to throw the corpse away in a suitcase was discovered. Deegan (D) was charged to court in a federal court with second-degree murder because the incident had happened on an Indian Reservation. The lower court found her guilty and summarily sentenced her to ten years in prison. This sentence was however at the low end of the suggested range as stipulated in the advisory federal sentencing guidelines.Deegan’s (D) long history of physical and sexual abuse at the hands of her family members which included her dad and the father of four of her children as well as a report from a physician who described her depression at the time of the incident were all considered by the court. But due to her intentional action in killing her son, the court did not depart from the sentencing guidelines. On this premise, Deegan (D) appealed for a deviation from the sentencing guidelines based on her history of sexual and physical abuse.
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