U.S. v. ROBINSON

No. 89-3262 Non-Argument Calendar.

948 F.2d 697 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Paul ROBINSON, a/k/a Paul Ryan, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 9, 1991.


Attorney(s) appearing for the Case

Robert A. Harper, Jr., Tallahassee, Fla., for defendant-appellant.

K.M. Moore, U.S. Atty., and Michael Simpson, Asst. U.S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, HATCHETT and DUBINA, Circuit Judges.


PER CURIAM:

We vacate the appellant's sentence in this case and remand for resentencing. Prior to the imposition of the appellant's sentence, the Government moved the district court, pursuant to Sentencing Guidelines § 5K1.1 (Nov. 1, 1990), to impose a sentence below that specified by the guideline range, on the ground that the appellant had provided the Government substantial assistance. The district court did not rule on the motion; yet, it granted the appellant...

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