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U.S. v. ZIEGLER

No. 92-3242.

1 F.3d 1044 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Maurice L. ZIEGLER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 23, 1993.

Attorney(s) appearing for the Case

Kristina L. Ament (Lee Thompson, U.S. Atty., and Gregory C. Hough, Asst. U.S. Atty., Wichita, KS, with her on the brief), Dept. of Justice, Washington, DC, for plaintiff-appellant.

Don W. Lill, Emporia, KS, for defendant-appellee.

Before BALDOCK, McWILLIAMS, and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Mr. Maurice Ziegler pled guilty to possession of marijuana with intent to distribute in violation of 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2. In determining Mr. Ziegler's sentence under the Sentencing Guidelines, the district court departed downwards on the basis of Mr. Ziegler's drug rehabilitation efforts. The Government appeals the departure and we reverse and remand for resentencing.

I. Background

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