U.S. v. RUKLICK

No. 89-3080.

919 F.2d 95 (1990)

UNITED STATES of America, Appellee, v. John B. RUKLICK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1990.


Attorney(s) appearing for the Case

Elliot T. Price, Chicago, Ill., for appellant.

Lester A. Paff, Asst. U.S. Atty., Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, and HEANEY and BRIGHT, Senior Circuit Judges.


BRIGHT, Senior Circuit Judge.

John B. Ruklick appeals the sentence imposed following his guilty plea to distributing more than ten grams of LSD in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(v) (1988). On appeal, Ruklick contends that the district court erroneously believed it could not depart downward under section 5K2.13 of the Sentencing Guidelines, see United States Sentencing Commission, Guidelines Manual, § 5K2.13, p.s. (Nov. 1989)...

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