United States Sixth Circuit

Under USSG 4A1.2(b)(2), where defendant's parole did not result in a "suspended" sentence, his eligibility for downward departure was precluded, and the district court considered and properly denied defendant's downward departure request under USSG 5K1.1.

Appellate Information

• Decided 01/10/2001
• Published 01/10/2001

Judges

• Before DAUGHTREY and MOORE, Circuit Judges;  CLELAND, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• April R. Ferguson (argued and briefed), Office of the Federal Public Defender for the Western District of Tennessee, Memphis, TN, for Defendant-Appellant., Richard Leigh Grinalds, Assistant United States Attorney (argued and briefed), Jackson, TN, for Plaintiff-Appellee.