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U.S. v. CANOY

No. 93-3315.

38 F.3d 893 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Marius CANOY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 20, 1994.

Attorney(s) appearing for the Case

Madeleine S. Murphy, Asst. States Atty., argued, Barry Rand Elden, Jerome N. Krulewitch, Asst. U.S. Attys., Criminal Receiving, Appellate Div., Chicago, IL, for plaintiff-appellee.

Christopher W. Graul, Stanley L. Hill, Hill & Associates, James Darryl Tunick, argued, Chicago, IL, for defendant-appellant.

Before CUMMINGS, MANION, and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

A jury convicted Marius Canoy of making a telephone call to the Kemmerer Bottling Company ("Kemmerer") on March 28, 1989, and falsely representing that the Tylenol in the company's medicine cabinet had been tainted with cyanide. In sentencing Canoy for this offense, the district court initially departed downward from the applicable Sentencing Guidelines range based on Canoy's extraordinary family circumstances. On reconsideration...

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