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U.S. v. CHAVARRIA-HERRARA

No. 93-3186.

15 F.3d 1033 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Bernal CHAVARRIA-HERRARA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 9, 1994.

Attorney(s) appearing for the Case

Joseph K. Ruddy, Asst. U.S. Atty., Tampa, FL, for plaintiff-appellant.

Robert P. Polli, Tampa, FL, for defendant-appellee.

Before HATCHETT, and ANDERSON, Circuit Judges, and YOUNG, Senior District Judge.

ANDERSON, Circuit Judge:

In this case we consider whether the district court has the authority to reduce a defendant's sentence below the mandatory minimum where the government makes a motion for reduction of sentence based on substantial assistance under Fed.R.Crim.P. 35(b) and U.S.S.G. § 5K1.1. We also consider whether the district court may rely on factors other than the substantial assistance of the defendant in determining the amount of the sentence reduction...

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