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U.S. v. ZINGSHEIM

No. 04-1671, 04-1695, 04-2029.

384 F.3d 867 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Philip J. ZINGSHEIM, Defendant-Appellant. In the Matter of: United States of America, Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided September 29, 2004.

Attorney(s) appearing for the Case

Gordon P. Giampietro (argued), Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellant.

Craig A. Mastantuono (argued), Milwaukee, WI, for Defendant-Appellee and Respondent.

Steven M. Biskupic, Office of the United States Attorney, Milwaukee, WI, for Petitioner.

Raymond M. Dall'Osto, Gimbel, Reilly, Guerin & Brown, Milwaukee, WI, for Respondent.

Lee R. Jones, Laster & Jones, Milwaukee, WI, for Party-in-Interest, Darvin Moore.

Craig A. Mastantuono, Milwaukee, WI, for Party-in-Interest, Philip J. Zingsheim.

Franklyn M. Gimbel (argued), Gimbel, Reilly, Guerin & Brown, Milwaukee, WI, for Amicus Curiae.

Before EASTERBROOK, MANION, and DIANE P. WOOD, Circuit Judges.

EASTERBROOK, Circuit Judge.

After Darvin Moore entered a plea of guilty in a federal criminal prosecution, the district judge startled both sides by announcing that from that day on the prosecutor must reveal extra details as part of any request under U.S.S.G. § 5K1.1 that the defendant receive a lower sentence to reward substantial assistance in the apprehension or prosecution of other offenders. The directive, which no one had requested and the district judge...

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