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U.S. v. BUCKENDAHL

Nos. 00-1001, 00-1057, 00-1151, 00-1266, 00-1392.

251 F.3d 753 (2001)

United States of America, Appellee, v. John Herman Buckendahl, Appellant. United States of America, Appellee, v. John Joseph Ringis, Appellant. United States of America, Appellee, v. Joseph John Johnson, Appellant. United States of America, Appellee, v. Juan Carlos Valdivia-Cardona, also known as Steven Paul Garcia, also known as Stevan Garcia, Appellant. United States of America, Appellant, v. Jeffrey Alan Clark, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 31, 2001.

Attorney(s) appearing for the Case

B. John Burns, Assistant Federal Public Defender, Des Moines, IA, for appellants Buckendahl, Ringis and Valdivia-Cardona.

R. Scott Rhinehart, Sioux City, IA, for appellant Johnson.

Peter E. Deegan, Jr., Asst. U.S. Atty., Sioux City, IA, for appellant U.S. in Case No. 00-1392.

C.J. Williams, Asst. U.S. Atty., Cedar Rapids, IA, for appellee in No. 00-1057.

Peter E. Deegan, Jr., Asst. U.S. Atty., for appellees in Nos. 00-1157 and 00-1266.

Kevin C. Fletcher, Asst. U.S. Atty., for appellee in No. 00-1001.

B. John Burns, Assistant Federal Public Defender, for appellee in No. 00-1392.

Before BEAM, HEANEY, and BYE, Circuit Judges.

BEAM, Circuit Judge.

This opinion addresses appeals from five separate criminal cases in the Northern District of Iowa. At issue is whether a district court may depart downward from the United States Sentencing Guidelines (Guidelines) based on an interdistrict sentencing disparity arising from the practice of the United States Attorney for the Northern District of Iowa to rarely agree to grant use immunity under section 1B1.8 of the Guidelines. We hold that the court...

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