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.
042057P.pdf 06/24/2005 USA v. Jason Pepper
U.S. Court of Appeals Case No: 04-2057
Northern District of Iowa
[PUBLISHED] [M. Arnold, Author, with Beam and Riley, Circuit Judges]
Criminal case - Sentencing Guidelines. Sentencing Guidelines do not
permit a district court to consider a matter unrelated to a defendant's
assistance to law enforcement officials when determining how far to
depart below a guideline range pursuant to a Sec. 5K1.1 departure motion
based on the defendant's assistance; here, the court considered an
unrelated matter - the minimum amount of time required to complete the
Bureau of Prison's 500-hour intensive drug treatment program - and the
case must be remanded for resentencing.