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U.S. v. BURNS

Nos. 04-2901, 04-2933.

500 F.3d 756 (2007)

UNITED STATES of America, Appellant, v. Travis Ray BURNS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 27, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Robert L. Teig, AUSA, Cedar Rapids, IA. Also appearing on appellant's brief was Shawn S. Wehd, AUSA, Sioux City, IA.

Counsel who presented argument on behalf of the appellee was Richard S. Rhinehart of Sioux City, IA.

Before LOKEN, Chief Judge, BRIGHT, WOLLMAN, ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges, En Banc.

WOLLMAN, Circuit Judge.

The United States appealed as excessive the downward departure granted by the district court for Burns's substantial assistance. Burns cross-appealed, arguing that the district court erred by selecting an incorrect guidelines range as a departure starting point. After a divided panel of this court affirmed, United States v. Burns, 438 F.3d 826 (8th Cir.2006), we granted the government's petition for...

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