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U.S. v. HAWLEY

Nos. 92-1439, 92-1440, 92-1495 and 92-1496.

984 F.2d 252 (1993)

UNITED STATES of America, Appellant, v. Jonathan L. HAWLEY, Appellee. UNITED STATES of America, Appellant, v. Wayne A. YEAGER, Appellee. UNITED STATES of America, Appellant, v. Jonathan L. HAWLEY, Appellee. UNITED STATES of America, Appellant, v. Wayne A. YEAGER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

Kevin V. Schieffer, Sioux Falls, SD, argued, for appellant.

Sabrina Meierhenry, Sioux Falls, SD, argued, for appellees.

Before McMILLIAN, MAGILL and HANSEN, Circuit Judges.

McMILLIAN, Circuit Judge.

The United States appeals from two final judgments entered in the District Court for the District of South Dakota, upon pleas of guilty, sentencing defendants Wayne A. Yeager and Jonathan L. Hawley each to 20 months imprisonment. For reversal the government argues the district court erred in departing below the statutory mandatory minimum sentence of 60 months without a government motion pursuant to 18 U.S.C. § 3553(e). For the reasons...

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