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U.S. v. GUTIERREZ

Nos. 89-1950, 89-2222.

908 F.2d 349 (1990)

UNITED STATES of America, Appellant, v. David Victor GUTIERREZ, Appellee. UNITED STATES of America, Appellant, v. Patrick McMICKLE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 12, 1990.

Vacated on Grant of Petition for Rehearing with Suggestion for Rehearing September 26, 1990.

Attorney(s) appearing for the Case

Richard L. Murphy, Cedar Rapids, Iowa, for U.S.

Mark Meyer, Cedar Rapids, Iowa, for appellee Gutierrez.

Leslie E. Stokke, Cedar Rapids, Iowa, for appellee McMickle.

Before WOLLMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and WEBB, District Judge.

Vacated on Grant of Petition for Rehearing with Suggestion for Rehearing En Banc in No. 89-1950 September 26, 1990.

WOLLMAN, Circuit Judge.

The government appeals the sentences imposed upon David Victor Gutierrez and Patrick McMickle. The district court departed downward from the range provided by the Federal Sentencing Guidelines (Guidelines) because of defendants' assistance to the government, notwithstanding the fact that the government did not move for...

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