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U.S. v. CROUSE

No. 97-1765.

145 F.3d 786 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Edward B. CROUSE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 27, 1998.

Attorney(s) appearing for the Case

Brian K. Delaney (briefed), Office of the U.S. Attorney for the Western District of Michigan, Grand Rapids, MI, Jay I. Bratt (argued and briefed), Office of Consumer Litigation, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellant.

David A. Dodge (argued and briefed), David A. Dodge, P.C., Grand Rapids, MI, for Defendant-Appellee.

Before: MERRITT, SILER, and CLAY, Circuit Judges.

OPINION

SILER, Circuit Judge.

The government appeals the sentence imposed on defendant, Edward B. Crouse, following his conviction for the interstate shipment and sale of adulterated orange juice in violation of the Food Drug and Cosmetic Act, 21 U.S.C. §§ 331(a) and 333(b)(recodified as § 333(a)(2) after July 22, 1988). The district court departed downward from the range mandated by the United States Sentencing Guidelines ("USSG" or "Guidelines...

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