U.S. v. ROBERTS

No. 02-1912.

313 F.3d 1050 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Ira H. ROBERTS, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 13, 2002.

Rehearing and Rehearing Denied: January 23, 2003.


Attorney(s) appearing for the Case

Michael P. Norris, argued, Asst. U.S. Atty., Omaha, NE (Michael G. Heavican, on the brief), for appellant.

Timothy McCarthy, II, argued, West Des Moines, IA, for appellee.

Before MURPHY, BEAM, and MELLOY, Circuit Judges.


Rehearing and Rehearing En Banc Denied: January 23, 2003.

MURPHY, Circuit Judge.

Ira H. Roberts pled guilty to aggravated sexual abuse of a child in violation of 18 U.S.C. §§ 1153 & 2241(c). The district court departed downward from the guideline range it had calculated and sentenced Roberts to 45 months. The government appeals, and we reverse.

The acts that were the basis for the charges in this case occurred in May 1997 on the Omaha...

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