Upward Variance In Accessory-After-The-Fact Case Affirmed

U.S. v. Tillman, 2012 WL 6031815 (12/5/12) (Wyo.) (unpub'd) - The d ct. did not abuse its discretion when it refused to accept an accessory-after-the-fact plea due to a lack of a factual basis where the defendant equivocated as to whether he helped to hide the body of the victim in order to hinder his apprehension or because the body stunk up the house. An 80-month sentence where the guideline range was 51-63 months was okay where the defendant had sex with a 13 year-old girl and the girl's brother (reacting as every caring brother would) choked his sister to death. Alcohol was involved.