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U.S. v. HIMSEL

No. 90-3195.

951 F.2d 144 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Martin R. HIMSEL, a/k/a Richard Himsel, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 18, 1991.

Rehearing Denied March 3, 1992.

Attorney(s) appearing for the Case

Mark D. Stuaan, Asst. U.S. Atty. and Deborah J. Daniels, U.S. Atty., Office of the U.S. Atty., Indianapolis, Ind., for plaintiff-appellee.

James L. Lowry, Kendall, Wood, Lowry & Kessinger, Danville, Ind., for defendant-appellant.

Before COFFEY and MANION, Circuit Judges, and WILL, Senior District Judge.

WILL, Senior District Judge.

This appeal presents a pair of questions about sentencing, one about the kinds of reasons a district judge must give to justify a departure from the Guidelines and the other about whether and when a district judge may, on his own motion, vacate a sentence and enter another.

Martin Himsel is an Indiana farmer, third generation, for whom the early and mid 1980's were hard times. Neither the weather, U.S. trade policy nor luck seem...

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