U.S. v. VALENTE

No. 91-10256.

961 F.2d 133 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. James P. VALENTE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1992.

As Amended on Denial of Rehearing April 29, 1992.


Attorney(s) appearing for the Case

Erik Sivesind, San Francisco, Cal., for defendant-appellant.

Bradford Lewis, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before: REINHARDT, NOONAN and THOMPSON, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

James P. Valente was sentenced to 39 months imprisonment. In imposing this sentence, the district court departed downward below the statutory minimum sentence for the crime of which Valente was convicted. It did so in response to the government's motion for such a departure based upon Valente's substantial assistance. See 18 U.S.C. § 3553(e) and Sentencing Guideline § 5K1...

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