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.
061661P.pdf 11/30/2006 USA v. Korey L. Blackford
U.S. Court of Appeals Case No: 06-1661
Northern District of Iowa
[PUBLISHED] [Gruender, Author, with Wollman and Riley, Circuit
Judges]
Criminal Case - sentence. Government appeals grant of downward
variance. District court abused its discretion in granting variance
based on the section 1B1.8 sentencing immunity provision when the
defendant and the government did not include such a provision in the
cooperation agreement. Case is remanded and district court should
first determine appropriate sentencing range under the guidelines
before determining appropriateness of variance.