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U.S. v. IVES

No. 92-1259.

984 F.2d 649 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. David Glenn IVES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 16, 1993.

Attorney(s) appearing for the Case

Paul D. Stickney, First Asst. Federal Public Defender, Ira Kirkendoll, Federal Public Defender, Dallas, TX, Timothy W. Crooks, Asst. Federal Public Defender, Fort Worth, TX, for defendant-appellant.

Thomas M. Melsheimer, Robert L. Webster, Asst. U.S. Attys., Marvin Collins, U.S. Atty., Dallas, TX, for plaintiff-appellee.

Before REAVLEY, KING and WIENER, Circuit Judges.

KING, Circuit Judge:

After pleading guilty to the charge that he distributed amphetamine in violation of 21 U.S.C. § 841(a)(1), David Glenn Ives was sentenced by the district court to ninety-seven months' imprisonment. On appeal, Ives raises a single claim: that the district court erred by refusing to depart downward in order to "harmonize" Ives' sentence with the considerably lesser sentences given to Ives' equally...

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