U.S. v. DECORA

No. 98-3129.

177 F.3d 676 (1999)

UNITED STATES of America, Appellant, v. Kevin DECORA, also known as Hoch Decora, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 20, 1999.


Attorney(s) appearing for the Case

Thomas J. Wright, Pierre, SD, argued, for Appellant.

Wade A. Reimers, Pierre, SD, argued, for Appellee.

Before BEAM and HEANEY, Circuit Judges, and FENNER, District Judge.


HEANEY, Circuit Judge.

In this criminal sentencing appeal, the government challenges the district court's downward departure. Because the district court's decision to depart downward was well within the discretion afforded it by the sentencing guidelines, we affirm.

I.

Kevin Decora was charged with assault with a deadly weapon and pled guilty. At sentencing, the district court departed downward from a guidelines range of 37-46 months and sentenced...

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