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U.S. v. DESSELLE

No. 05-30401.

450 F.3d 179 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Robert Gus "Bobby" DESSELLE, also known as Uncle, also known as Tio, also known as Pops, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 22, 2006.

Attorney(s) appearing for the Case

Rene I. Salomon, Asst. U.S. Atty., Catherine M. Maraist, Baton Rouge, LA, for U.S.

Timothy Allison Meche, New Orleans, LA, J. Michael Small, Law Offices of J. Michael Small, Alexandria, LA, for Desselle.

Before JONES, Chief Judge, and BARKSDALE and BENAVIDES, Circuit Judges.

EDITH H. JONES, Chief Judge:

The United States appeals from the extent of the district court's departure for Desselle's assistance to law enforcement under U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e). Because the district court reversibly erred in allowing improper factors to govern its decision, we VACATE and REMAND for resentencing.

BACKGROUND

Bobby Desselle worked as a funeral director at his family...

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