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U.S. v. BOGDAN

No. 01-1889.

284 F.3d 324 (2002)

UNITED STATES of America, Appellant, v. John M. BOGDAN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 2, 2002.

Attorney(s) appearing for the Case

Carmen M. Ortiz, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, were on brief, for appellant.

R.J. Cinquegrana, with whom Thomas M. Griffin and Choate, Hall & Stewart were on brief, for appellee.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

TORRUELLA, Circuit Judge.

Defendant-appellee John M. Bogdan pled guilty to a two-count information charging him with mail fraud in violation of 18 U.S.C. § 1341. The United States appeals the sentence imposed on Bogdan, arguing that the district court erred in departing downward from the applicable sentencing guideline range. Because we find that the district court abused its discretion in granting Bogdan's request for a downward departure, we reverse and remand...

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