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UNITED STATES v. PEPPER

No. 06-2453.

518 F.3d 949 (2008)

UNITED STATES of America, Appellant, v. Jason PEPPER, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 11, 2008.

Attorney(s) appearing for the Case

John H. Lammers, AUSA, Sioux City, IA, for appellant.

Patrick T. Parry, Sioux City, IA, for appellee.

Before RILEY, BOWMAN, and ARNOLD, Circuit Judges.

RILEY, Circuit Judge.

This case is before us for the third time. In United States v. Pepper, 412 F.3d 995, 999 (8th Cir.2005) (Pepper I), we held the district court erred by granting a 75% downward departure for Jason Pepper's (Pepper) substantial assistance and imposing a sentence of 24 months imprisonment, because the district court erroneously based the extent of the departure on matters unrelated to Pepper's assistance...

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