U.S. v. Fitch, No. 07-10607 (9th Cir.) (659 F.3d 788) (September 23, 2011) (Judge Frederic Block)
Here a divided panel affirmed as substantively reasonable an upward departure of some 17 years imposed on the defendant after the district court found he was guilty of the crime of premeditated murder, even though that crime was never charged.
David Fitch was convicted by a jury of nine counts ...
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