U.S. v. WILLIS

No. 96-3277, Non-Argument Calendar.

139 F.3d 811 (1998)

UNITED STATES of America, Plaintiff-Appellant, Cross-Appellee, v. Cornell WILLIS, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 20, 1998.


Attorney(s) appearing for the Case

P. Michael Patterson, U.S. Atty., Audrey A. Butler, Asst. U.S. Atty., Tallahassee, FL, for United States.

Steven Seliger, Quiney, FL, for Willis.

Before COX, BIRCH and CARNES, Circuit Judges.


PER CURIAM:

Cornell Willis was convicted of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(b)(1)(C). At sentencing, the district court departed downward under U.S.S.G. § 5K2.0, and sentenced Willis to thirteen months imprisonment in order to prevent disparate sentences between co-defendants. The Government appeals, contending the district court abused its discretion in departing downward, and requests remand for resentencing...

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