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St. Paul, MN (KROC-AM News) - The Minnesota Court of Appeals has upheld the 261-month prison sentence that was given to an Owatonna man for a fatal shooting last year.

29-year-old Mubarak Musse had asked the appeals court to overturn the sentence, arguing the judge in the case abused his discretion when he denied Musse's request for a downward departure from state sentencing guidelines. The just over 22-year prison term now being served by Musse actually falls on the lower end of the recommended range of sentences for second-degree intentional murder.

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Musse entered a guilty plea to the charge last November. He was accused of shooting and killing another man last March outside a popular market in Minneapolis, where a surveillance camera recorded the deadly incident. The recording shows Musse and the victim were involved in a physical altercation before Musse pulled out a handgun and shot the other man multiple times. Court records indicate the altercation began after Musse confronted the victim about cutting in line in front of him at a tea shop.

A total of 15 spent shell casings were found at the scene. The surveillance camera video showed Musse shooting the victim and then continue shooting him as he began walking away. It also shows Musse, after he had walked about four car lengths away from the victim, returned to where the man had fallen on the sidewalk, and shot him another five times.

Minnesota Court of Appeals ruling
Minnesota Court of Appeals ruling
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The maximum sentence for the crime is just over 30 years in prison and the presumptive recommended sentence is 25 1/2 years in prison. Musse had requested a downward departure to only 86 months behind bars, while the prosecution pushed for the maximum punishment.

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