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U.S. v. WILLEY

No. 03-1336.

350 F.3d 736 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Blaine Lee WILLEY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 2, 2003.

Attorney(s) appearing for the Case

Richard D. Westphal, AUSA, argued, Rock Island, IL, for appellant.

Mark E. Weinhardt, argued, Des Moines, IA, for appellee.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

In this case the government appeals a downward departure granted by the district court. Blaine Lee Willey was convicted by a jury of conspiracy to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. After imposing a two level sentencing enhancement for obstruction of justice and declining to credit Willey for acceptance of responsibility, the district court departed downward and sentenced him...

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