U.S. v. RILEY

No. 03-3118.

376 F.3d 1160 (2004)

UNITED STATES of America, Appellant, v. Christopher E. RILEY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 2004.


Attorney(s) appearing for the Case

Valinda Jones, Assistant U.S. Attorney, argued the cause for appellant. With her on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Assistant U.S. Attorney. Thomas J. Tourish, Jr., Assistant U.S. Attorney, entered an appearance.

David W. Bos, Assistant Federal Public Defender, argued the cause for appellee. With him on the brief was A. J. Kramer, Federal Public Defender.

Before: ROGERS, TATEL, and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge GARLAND.

Opinion concurring in part and dissenting in part filed by Circuit Judge ROGERS.

GARLAND, Circuit Judge:

The United States appeals from a judgment of the United States District Court, granting defendant Christopher Riley a downward departure from the sentence required by the United States Sentencing Guidelines. Reviewing the judgment de novo, we hold that the departure was improper and remand the...

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