United States Eleventh Circuit

Downward departure during sentencing of corporate executive for conspiracy to commit wire and securities fraud is reversed where the sentencing judge erred as a matter of law in relying on factors other than the defendant's substantial assistance to the government in reaching the departure, and failed to consider other guideline factors.

Appellate Information

• Decided 05/05/2006
• Published 05/05/2006

Judges

• MARCUS, Circuit Judge:, Before DUBINA and MARCUS, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Joyce White Vance, Birmingham, AL, for U.S., Sam Heldman, Gardner, Middlebrooks, Gibbons & Kittrell, Washington, DC, J. Don Foster, Jackson, Foster & Graham, LLC, Mobile, AL, for McVay.