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                        as a courtesy to the reader. They are not part of the opinion of the court.

041594P.pdf   04/13/2005  United States  v.  Darrin Todd Haack
   U.S. Court of Appeals Case No:  04-1594
   Northern District of Iowa   
Criminal case - Sentencing Guidelines. In an appeal by the government challenging the extent of the district court's downward departure for substantial assistance under Sec. 5K1.1, the court finds a departure from the 120 month mandatory minimum to 18 months was unreasonable and an abuse of discretion; the significance, usefulness, nature and extent of defendant's cooperation did not support the departure; the court also expresses concern that the sentencing court's departure was based, at least in part, on the court's dissatisfaction with the Guidelines, which is neither a proper nor a relevant factor for a departure. Case remanded for resentencing. [PUBLISHED] [Melloy, Author, with Murphy and Hansen, Circuit Judges]