U.S. v. MITTELSTADT

No. 91-2352.

969 F.2d 335 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Keith M. MITTELSTADT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1992.


Attorney(s) appearing for the Case

Grant C. Johnson, Asst. U.S. Atty. and Timothy O'Shea (argued), Office of the U.S. Atty., Madison, Wis., for plaintiff-appellee.

Ralph A. Kalal (argued), Kalal & Habermehl, Madison, Wis., for defendant-appellant.

Before CUMMINGS, POSNER, and MANION, Circuit Judges.


POSNER, Circuit Judge.

The defendant pleaded guilty to one count of distributing methamphetamine in violation of 21 U.S.C. § 841(a)(1). The government moved under section 5K1.1 of the Sentencing Guidelines for a downward departure in sentencing. Although the government explained that the defendant had rendered critical and timely assistance that would enable it to indict two other criminals, the judge refused to grant the motion — whether he actually denied...

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