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U.S. v. HAYES

No. 90-3191.

939 F.2d 509 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel D. HAYES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 1991.

Attorney(s) appearing for the Case

Jeffrey Anderson, Asst. U.S. Atty. (argued), Madison, Wis., for plaintiff-appellee.

T. Christopher Kelly (argued), Madison, Wis., for defendant-appellant.

Before FLAUM and RIPPLE, Circuit Judges, and MOODY, District Judge.

RIPPLE, Circuit Judge.

Daniel D. Hayes pleaded guilty to one count of possession with intent to manufacture 100 or more marijuana plants in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(vii). In exchange for his promise to cooperate, the government agreed to recommend to the district court that Mr. Hayes receive a sentence below the statutory mandatory minimum. At sentencing, the government filed a motion pursuant to 18 U.S.C. § 3553(e) for a downward departure...

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