U.S. v. DiMARCO

No. 94-30145 Conference Calendar.

46 F.3d 476 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Salvador DiMARCO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 21, 1995.


Attorney(s) appearing for the Case

Brian M. Begue (court-appointed), New Orleans, for appellant.

Irene Gonzalez, Asst. U.S. Atty., Robert J. Boitmann, U.S. Atty., New Orleans, LA, for appellee.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and DeMOSS, Circuit Judges.


PER CURIAM:

Salvador DiMarco contends that the district court erred in denying the Government's motion for a downward departure under Section 5K1.1 of the U.S. Sentencing Guidelines because the court relied upon facts not in evidence. The district court stated, among other things, that it refused to depart from the guidelines because the authorities would have been able to identify his codefendant, Barbara Gray, through independent investigation. The district court...

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