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.

062814P.pdf   08/28/2007  USA  v.  Michael Hatcher
   U.S. Court of Appeals Case No:  06-2814
                          and No:  06-3099
                          and No:  06-2819
                          and No:  06-3098
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
   Criminal case - Sentencing. Under the Guidelines, a mandatory
   consecutive sentence under 18 U.S.C. Sec. 924(c) is an improper factor to
   consider in making a departure on related felony sentences, and the
   district court erred when it reduced defendants' sentences on the
   underlying felonies because of the length of the sentence required under
   18 U.S.C. Sec. 924(c); the recidivism provision of 924(c) is a sentencing
   factor and not an element of the offense.