United States Sixth Circuit

Defendant successfully challenges the denial of his motion for a downward departure where the district court erred as a matter of law in concluding that it lacked the authority to grant a departure.

Appellate Information

• Decided 09/10/2004
• Published 09/10/2004

Judges

• Before: KEITH and CLAY, Circuit Judges;  O'MEARA, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• B. Rene Shekmer (briefed), U.S. Attorney's Office for the Western District of Michigan, Grand Rapids, MI, for Plaintiff-Appellee., Frank E. Stanley (briefed), Grand Rapids, MI, for Defendant-Appellant.