062453P.pdf   03/11/2008  USA  v.  Jason Pepper
   U.S. Court of Appeals Case No:  06-2453
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Riley, Author, with Bowman and Arnold, Circuit Judges]
   Criminal case - Sentencing. The district court committed procedural
   error in failing adequately to explain with sufficient justifications the
   court's conclusion that a 59% variance after the Section 5K1.1 downward
   variance was warranted in this case; the court also erred in relying
   predominantly on improper factors, such as post-sentencing
   rehabilitation, in making its decision; as the district court has expressed 
   a reluctance to resentence defendant if the case is remanded, the case is
   remanded with directions to assign it to a different district judge.
  
062453P.pdf   05/21/2007  USA  v.  Jason Pepper
   U.S. Court of Appeals Case No:  06-2453
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Riley, Author, with Bowman and Arnold, Circuit
   Judges]
   Criminal case - Sentencing. On remand from this court for
   resentencing, the district court erred in reimposing the same 24 month
   sentence that led to the remand; the court erred in considering
   defendant's lack of a violent history as a sentencing factor as that had
   already been accounted for in his criminal history; sentencing disparity
   concerns did not justify imposing a 24 month sentence on defendant
   when his co-defendants received 72, 35 and 90 month sentences;
   defendant's post-sentencing rehabilitation was an impermissible factor in
   granting a downward variance; given the district court's reluctance to
   resentence defendant should the case be remanded a second time, the case
   is remanded with directions to the district's chief judge to reassign the
   case to another judge.