DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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]