Tenth Circuit Affirms Conviction of Former Cheyenne-Arapahoe Tribes Official

The crime was theft from a tribal organization — United States v. Bullcoming. An excerpt:

Roy Dean Bullcoming was indicted in the United States District Court for

the Western District of Oklahoma on seven counts of embezzlement and theft

from Indian tribal organizations, see 18 U.S.C. § 1163, and eight counts of theft

from gaming establishments on Indian lands, see id. § 1167. He entered into a

plea agreement in which he agreed to plead guilty to one count of embezzlement.

In exchange, the government dropped the other 14 counts and entered into several

stipulations relating to restitution and his offense level under the United States

Sentencing Guidelines (USSG). At sentencing, the government—without any

objection from Mr. Bullcoming—presented testimony from a witness who claimed

that Mr. Bullcoming had shown no remorse for his actions, and it also argued in

favor of an upward variance, suggesting that it could probably never prove the

full amount of money he took. The district court varied upward from the

guidelines range, sentencing him to 36 months’ imprisonment. On appeal

Mr. Bullcoming contends that the government breached the plea agreement and

that the court abused its discretion in varying upward. We have jurisdiction under

28 U.S.C. § 1291 and affirm.

Roy Dean Bullcoming was indicted in the United States District Court for the Western District of Oklahoma on seven counts of embezzlement and theft from Indian tribal organizations, see 18 U.S.C. § 1163, and eight counts of theft from gaming establishments on Indian lands, see id. § 1167. He entered into a plea agreement in which he agreed to plead guilty to one count of embezzlement. In exchange, the government dropped the other 14 counts and entered into several stipulations relating to restitution and his offense level under the United States Sentencing Guidelines (USSG). At sentencing, the government—without any objection from Mr. Bullcoming—presented testimony from a witness who claimed that Mr. Bullcoming had shown no remorse for his actions, and it also argued in favor of an upward variance, suggesting that it could probably never prove the full amount of money he took. The district court varied upward from the guidelines range, sentencing him to 36 months’ imprisonment. On appeal Mr. Bullcoming contends that the government breached the plea agreement and that the court abused its discretion in varying upward. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

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