United States v. Tillman

── United States v. Tillman ── Case No.: 25-8014 Court: Court of Appeals for the Tenth Circuit Date: April 07, 2026 Category: General Appellate Case: 25-8014 Document: 47-1 Date Filed: 04/07/2026 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT April 7, 2026 _________________________________ Christopher M. Wolpert UNITED STATES OF AMERICA, Clerk of Court Plaintiff - Appellee, v. No. 25-8014 (D.C. No. 2:24-CR-00086-KHR-1) CONRAD TILLMAN, (D. Wy.) Defendant - Appellant. _________________________________ ORDER AND JUDGMENT * _________________________________ Before PHILLIPS and McHUGH, Circuit Judges, and VRATIL, District Judge. ** _________________________________ Conrad Tillman pled guilty to second degree murder in violation of 18 U.S.C. §§ 1111 and 1153. The district court sentenced him to 360 months in prison. 1 The district court based the sentence on departures under Sections 5K2.6 and 5K2.0 of the Sentencing Guidelines and a variance under 18 U.S.C. § 3553(a). Defendant appeals the sentence, arguing that Section 5K2.6 of the Guidelines does not apply to second * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata and collateral estoppel. It may be cited, however, for its persuasive value consistent with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1. The Honorable Kathryn H. Vratil, United States District Judge for the District of ** Kansas, sitting by designation. 1 With credit for time served in tribal custody, the sentence was 348 months and 23 days.  Appellate Case: 25-8014 Document: 47-1 Date Filed: 04/07/2026 Page: 2 degree murder and that the district court did not adequately explain why it departed five levels under Sections 5K2.6 (two levels) and 5K2.0 (three levels). Exercising jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742, we vacate defendant’s sentence and remand for resentencing. I. BACKGROUND On the night of April 14, 2024, defendant shot and killed his wife Utahnna. They had begun arguing while driving with their ten-year old daughter (“M1”) on Highway 287 south of Fort Washakie, Wyoming. Defendant, who was driving, hit Utahnna on her face then shot her in the head at close range. M1 was in the back seat and witnessed the escalating argument and murder. The indictment charged defendant with first degree murder in violation of 18 U.S.C. §§ 1111 and 1153 (Count One), brandishing and discharging a firearm in violation of 18 U.S.C. § 924(c)(1)(A)(ii), (iii) (Count Two) and brandishing and discharging a firearm resulting in death in violation of 18 U.S.C. §§ 924(c) and 924(j)(1) (Count Three). Defendant pled guilty to second degree murder, a lesser included offense of Count One, in exchange for the government’s agreement to move to dismiss Counts Two and Three at sentencing. At sentencing, the government called the case agent, who testified about M1’s account of the events leading to her mother’s death. The government also called defendant’s stepson, who testified that defendant verbally and physically abused him, and a doctor, who reconstructed the gunshot wound. Defendant also testified. The district court found that defendant’s total offense level was 35, with a criminal