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U.S. v. BREWER

No. 89-5371.

899 F.2d 503 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Lynda Gail BREWER and Teresa K. Evans, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 29, 1990.

Attorney(s) appearing for the Case

Joe B. Brown, U.S. Atty. (argued), Office of U.S. Atty., Nashville, Tenn., for plaintiff-appellant U.S.

Carol L. Soloman (argued), Nashville, Tenn., for defendant-appellee Brewer.

Robert L. Smith (argued), Smith & Hirsch, Nashville, Tenn., for defendant-appellee Evans.

Before MERRITT, Chief Judge, WELLFORD, Circuit Judge, and DeMASCIO, Senior District Judge.

WELLFORD, Circuit Judge.

The issue in this case is whether the district court departed from the applicable sentencing guidelines for proper reasons under the new Sentencing Act. Co-defendants Brewer and Evans plead guilty to embezzlement. At the sentencing hearing, the district court determined that circumstances existed which justified a downward departure in sentencing from the range indicated by the guidelines. We will...

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