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U.S. v. WILLS

No. 93-4024.

35 F.3d 1192 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Sheila M. WILLS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 1994.

Attorney(s) appearing for the Case

Lee H. Dodd, Office of the U.S. Atty., Springfield, IL (argued), for plaintiff-appellant.

Carol J. Reid, Springfield, IL (argued), for defendant-appellee.

Before EASTERBROOK and RIPPLE, Circuit Judges, and DILLIN, District Judge.

RIPPLE, Circuit Judge.

The issue before us is whether the United States, by filing a motion for downward departure under § 5K1.1 of the United States Sentencing Guidelines ("U.S.S.G."), and not under 18 U.S.C. § 3553(e), can limit the authority of the district court to depart below the statutory minimum sentence. The district court departed below the mandatory minimum sentence when it sentenced Sheila Wills, despite the government's attempt to limit the...

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