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United States v. Delphine Marie Boyd
Citations: 52 F.3d 331; 1995 U.S. App. LEXIS 21356; 1995 WL 236756Docket: 94-3309
Court: Court of Appeals for the Eighth Circuit; April 25, 1995; Federal Appellate Court
Delphine Marie Boyd was involved in a violent incident where she stabbed Noella Tyndall and Luther Thomas during a house party. Following the incident, Boyd pleaded guilty to assault with a knife under 18 U.S.C. §§ 113(c) and 1153. The district court sentenced her to 37 months in prison and three years of supervised release. Boyd appealed her sentence, claiming the court erred by not granting a downward departure from the sentencing Guidelines based on alleged victim misconduct, referencing U.S.S.G. § 5K2.10. The appellate court found that the district court was aware of its authority to depart but determined that a departure was not justified based on the specific circumstances of the case. This decision by the district court is not subject to appellate review. Consequently, the appellate court affirmed the district court's sentence.