U.S. v. BARAJAS-NUNEZ

No. 95-1643.

91 F.3d 826 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Francisco Javier BARAJAS-NUNEZ, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 6, 1996.


Attorney(s) appearing for the Case

Julie Ann Woods, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Attorney for W.D. of Mich., Grand Rapids, MI, for U.S.

Wade S. Seys (argued and briefed), Grand Rapids, MI, for Francisco Javier Barajas-Nunez.

Before: BROWN, SILER, and MOORE, Circuit Judges.


MOORE, J., delivered the opinion of the court, in which BROWN, J., joined. SILER, J. (pp. 835-36), delivered a separate opinion concurring in part and dissenting in part.

MOORE, Circuit Judge.

The United States appeals the sentence of Defendant-Appellee Francisco Javier Barajas-Nunez because it asserts that the district court departed downward from the sentencing guidelines based on improper factors. For the reasons...

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