U.S. v. JIMENEZ

No. 01-2290.

282 F.3d 597 (2002)

UNITED STATES of America, Appellant, v. Lindsey JIMENEZ, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2002.


Attorney(s) appearing for the Case

Jan W. Sharp, argued, Omaha, NE, for appellant.

W. Randall Paragas, argued, Omaha, NE, for appellee.

Before WOLLMAN, Chief Judge, HANSEN, Circuit Judge, and FENNER, District Judge.


HANSEN, Circuit Judge.

The government appeals the district court's decision to depart downward when sentencing Lindsey Jimenez for committing perjury before a federal grand jury. The government argues that the grounds relied upon by the district court were insufficient to support the departure. We agree and reverse and remand for resentencing.

I.

Ms. Jimenez's perjury conviction arises out of the grand jury...

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