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U.S. v. ACOSTA-OLIVAS

No. 94-2281.

71 F.3d 375 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Jesus ACOSTA-OLIVAS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 5, 1995.

Attorney(s) appearing for the Case

Richard A. Friedman, Appellate Section, Criminal Division, Department of Justice, Washington, D.C. (John J. Kelly, United States Attorney, and Larry Gomez, Assistant United States Attorney, District of New Mexico, Albuquerque, New Mexico, with him on the brief), for Plaintiff-Appellant.

Ron Koch, Albuquerque, New Mexico, for Defendant-Appellee.

Before ANDERSON, LOGAN, and REAVLEY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The government appeals from the district court's imposition of a seventy-eight month sentence on defendant Jesus Acosta-Olivas. The district court determined that Mr. Acosta-Olivas qualified for a downward departure from the statutory minimum mandatory sentence of ten years, because he met all the requirements of 18 U.S.C. § 3553(f).1 This appeal addresses the scope of § 3553(f)(5), which requires...

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