U.S. v. SIMMONS

No. 99-3739.

215 F.3d 737 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Frank W. SIMMONS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 13, 2000.


Attorney(s) appearing for the Case

Elizabeth M. Blackwood (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee.

Terry W. Rose (argued), Rose & Rose, Kenosha, WI, for Defendant-Appellant.

Before FLAUM, RIPPLE and KANNE, Circuit Judges.


KANNE, Circuit Judge.

Pursuant to a plea agreement, Frank Simmons agreed to cooperate with the government and testify at the trial of Dwayne Reed. Simmons testified at Reed's trial, which ended in a mistrial in January 1999. For his cooperation, Simmons received a six-level downward departure from the applicable sentencing range of the Sentencing Guidelines, resulting in a 55-month decrease in his sentence.

When Reed...

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