No. 91-1893.

971 F.2d 1368 (1992)

UNITED STATES of America, Appellee, v. Michael R. GRIESS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 11, 1992.

Rehearing and Rehearing Denied October 22, 1992.

Attorney(s) appearing for the Case

William Gerdes, Aberdeen, S.D., for appellant.

Philip Hogen, Asst. U.S. Atty., Sioux Falls, S.D., for appellee.

Before BOWMAN and BEAM, Circuit Judges, and VAN SICKLE, Senior District Judge.

Rehearing and Rehearing En Banc Denied October 22, 1992.


In sentencing Michael R. Griess, the district court departed upward from the guidelines-specified sentence. Griess appeals, claiming that the departure was improper. We affirm.


In October 1989, Griess was charged with one court of making a false declaration while testifying before a grand jury, in violation of 18 U.S.C. § 1623(a), three counts of distributing...

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