United States DC Circuit

Denial of a downward departure was not erroneous under U.S.S.G. section 2D1.1, authorizing departure where an agent sets a price below market value to lead defendant to purchase greater drug quantity, as defendant failed to offer adequate proof of a material deviation from market terms.

Appellate Information

• Argued 11/01/2002
• Decided 01/31/2003
• Published 01/31/2003

Judges

• Before:  RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A.J. Kramer, Federal Public Defender.


• For Appellees:
  
• Thomas S. Rees, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and John R. Fisher, Mary-Patrice Brown, and Kenneth F. Whitted, Assistant U.S. Attorneys.