United States v. Craig Hoyungowa

Craig Hoyungowa appeals the district court’s upward departure from the Sentencing Guidelines in sentencing him for the murder of Dean James, a Bureau of Indian Affairs officer. The district court departed upwardly because of Hoyun-gowa’s criminal history, the psychological impact on James’ family, and the victim’s status as a law enforcement officer. We reverse and remand for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

On September 17, 1988, Hoyungowa and two juveniles were hitchhiking together on the Hopi Indian Reservation in Arizona. Hoyungowa, who was twenty-three years old, had escaped from detention on misdemeanor charges in the Hopi Tribal Jail. Two state warrants for Hoyungowa’s arrest were also outstanding; one for failure to appear in court in Flagstaff, Arizona, and another for kidnapping in Gallup, New Mexico.

According to the two juveniles, Dean James, a police officer with the Bureau of Indian Affairs, stopped his vehicle near the three hitchhikers and asked Hoyungowa to identify himself. The two juveniles fled, they said, when Hoyungowa pulled out a sawed-off rifle and pointed it at James. Hoyungowa stated that, as he was backing away from James, he tripped,…