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U.S. v. LICONA-LOPEZ

No. 98-1778.

163 F.3d 1040 (1998)

UNITED STATES of America, Appellee, v. Evin Alexi LICONA-LOPEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 18, 1998.

Attorney(s) appearing for the Case

Brent Rosenberg, Des Moines, IA, argued, for appellant.

Erin K. Burke, AUSA, Des Moines, IA, argued, for the appellee.

Before BOWMAN, Chief Judge, BRIGHT, and RICHARD S. ARNOLD, Circuit Judges.

BOWMAN, Chief Judge.

Evin Alexi Licona-Lopez appeals the denial by the District Court1 of his motion for an evidentiary hearing on the government's failure to move for a substantial-assistance departure under § 5K1.1 of the United States Sentencing Guidelines. Licona-Lopez participated in a controlled drug transaction and gave trial testimony which helped convict a co-conspirator. The government claimed it did not move for a substantial...

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