U.S. v. NELSON

No. 89-5270.

918 F.2d 1268 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Lloyd NELSON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1990.


Attorney(s) appearing for the Case

Steven H. Cook, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Chattanooga, Tenn., for plaintiff-appellant.

Richard K. Mabee (argued), Chattanooga, Tenn., for defendant-appellee.

Before WELLFORD and RYAN, Circuit Judges, and EDWARDS, Senior Circuit Judge.


RYAN, Circuit Judge.

The government appeals from defendant's sentence imposed pursuant to the United States Sentencing Commission's Sentencing Guidelines ("the guidelines"). We are asked to review the district court's downward departure from the guidelines for the stated purpose of imposing upon defendant a sentence "in line" with sentences imposed upon his co-conspirators. We conclude that, while such a departure may be permitted under the guidelines in some circumstances...

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