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U.S. v. ANDRUSKA

No. 91-2748.

964 F.2d 640 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Ella M. ANDRUSKA, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 18, 1992.

Attorney(s) appearing for the Case

Frederick J. Hess, U.S. Atty., Ralph M. Friederich, Robert T. Coleman, and Kit R. Morrissey (argued), Asst., U.S. Attys., Office of the U.S. Atty., Crim. Div., Fairview Heights, Ill., for plaintiff-appellant.

James Hackett (argued), Edwardsville, Ill., for defendant-appellee.

Before FLAUM and RIPPLE, Circuit Judges, and WILL, Senior District Judge.

FLAUM, Circuit Judge.

A jury found Ella Andruska guilty of concealing fugitive Thomas Taylor from arrest in violation of 18 U.S.C. § 1071. At sentencing, the district court called her behavior "aberrant" and departed downward from the Sentencing Guidelines' applicable sentencing range. The government appeals that departure, contending the court failed to provide the required notice of its intent to depart and its grounds for doing so, and that the finding of...

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