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U.S. v. BRAND

No. 89-5213.

907 F.2d 31 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Bobbi L. BRAND, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 21, 1990.

Attorney(s) appearing for the Case

David E. Godwin, Asst. U.S. Atty., Clarksburg, W.Va. (William A. Kolibash, U.S. Atty., Robert H. McWilliams, Asst. U.S. Atty., Wheeling, W. Va., on brief), for plaintiff-appellant.

George F. Fordham, Clarksburg, W. Va., for defendant-appellee.

Before WIDENER and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WIDENER, Circuit Judge:

The government appeals the sentence imposed on Bobbi L. Brand, contending that the district court erred in departing downward from the applicable sentencing guidelines range. We vacate the sentence imposed and remand for resentencing in a manner not inconsistent with this opinion.

Bobbi L. Brand pleaded guilty to a one-count indictment that charged her with distributing two grams of cocaine in violation of 21 U.S.C. § 841(a)(1...

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