U.S. v. HEILMANN

No. 00-1669.

235 F.3d 1146 (2001)

UNITED STATES of America, Appellant, v. Michael O. HEILMANN, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 3, 2001.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Andrew S. Dunne, Asstistant U.S. Attorney of Minneapolis, MN. Also appearing on the brief was B. Todd Jones.

Counsel who presented argument on behalf of the appellee was Virginia G. Villa of Minneapolis, MN. Also appearing on the brief was Daniel M. Scott. Minneapolis, MN (B. Todd Jones, on the brief), for Appellant.

Before LOKEN, LAY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

The government appeals the district court's departure below the applicable guidelines range. We vacate the sentence and remand the case for further proceedings.

Pursuant to a written plea agreement in which the government agreed to dismiss an indictment charging him with possession with intent to distribute methamphetamine, see 21 U.S.C. § 841(a)(1), Michael Heilmann pleaded guilty to a charge of traveling...

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