DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032792P.pdf 04/14/2004 USA v. Daniel E. Woods
U.S. Court of Appeals Case No: 03-2792
Western District of Missouri
Order on petition for rehearing by panel. In response to defendant's
petition for rehearing, the United States has abandoned its position that
this court's opinion in U.S. v. Petersen, 276 F.3d 432 (8th Cir. 2002)
renders defendant ineligible for a departure under 5K2.13; case remanded
to the district court to permit it to consider whether it has authority to
depart under amended Sec. 5K2.13 and, if so, whether departure is
warranted.
[PUBLISHED] [Per Curiam]
032792P.pdf 02/27/2004 USA v. Daniel E. Woods
U.S. Court of Appeals Case No: 03-2792
Western District of Missouri
Criminal case - Sentencing Guidelines. Under circuit precedent, a bank
robbery in the presence of an individual is a crime of violence and
renders a defendant ineligible for a downward departure based on reduced
mental capacity under Guidelines Sec. 5K2.13.
[PUBLISHED] [Colloton, Author]