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061613P.pdf 02/26/2007 USA v. M. Gonzalez-Alvarado
U.S. Court of Appeals Case No: 06-1613
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Benton, Author, with Murphy and Arnold, Circuit
Judges]
criminal case - Sentencing. The district court erred in granting a 64%
reduction from the applicable Guideline, as there was nothing in
defendant's history or family circumstances justifying such an
extraordinary reduction; the court also erred in basing its reduction on the
absence of a "fast-track" program in Iowa, as a decision to vary from the
advisory guidelines on this basis conflicts with Congress's decision to
limit the availability of such sentences to select geographical areas.