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U.S. v. McGOWAN

Nos. 91-2955, 91-3184.

960 F.2d 716 (1992)

UNITED STATES of America, Appellee, v. James McGOWAN, Appellant. UNITED STATES of America, Appellee, v. Robert DRAACK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1992.

Publication Ordered March 30, 1992.

Attorney(s) appearing for the Case

Thomas R. Lamb, Lincoln, Neb., for appellant McGowan.

Brian R. Watkins, Lincoln, Neb., for appellant Draack.

Ronald D. Lahners, Omaha, Neb., for appellee.

Before ARNOLD, Chief Judge, MAGILL, Circuit Judge, and LARSON, Senior District Judge.

PER CURIAM.

James McGowan and Robert Draack appeal their eight-month sentence for failing to surrender for service of sentence. Both appellants argue that the district court should have departed downward from the Guidelines sentencing range and that the sentence violates double jeopardy. We affirm.

I.

McGowan and Draack were convicted of conspiracy to commit wire fraud. On December 3, 1990, the district court sentenced them to the pre-Guidelines...

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