U.S. v. SALEMI

No. 92-6850.

26 F.3d 1084 (1994)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Akbar SALEMI, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 25, 1994.


Attorney(s) appearing for the Case

James Eldon Wilson, U.S. Atty., Louis V. Franklin, Sr., Asst. U.S. Atty., Montgomery, AL, for appellant.

Paul R. Cooper, Cooper and Cooper, Montgomery, AL, for appellee.

Before HATCHETT and EDMONDSON, Circuit Judges, and SMITH, Senior Circuit Judge.


HATCHETT, Circuit Judge:

Because the district court improperly made two downward departures in sentencing, and refused to apply two sentencing enhancements, we vacate the sentence and remand for resentencing.

FACTS

On December 26, 1990, at approximately 7 p.m., in Alabama, Sheena Holloway left her six-month-old infant daughter, Dana Christine Holloway, with a house guest, Patricia Shaw. Later that evening when Holloway returned, Shaw and the baby...

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