063175P.pdf   01/28/2008  USA  v.  Pearl E. Freemont
   U.S. Court of Appeals Case No:  06-3175
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Melloy, Author, with Murphy and Smith, Circuit Judges]
   Criminal case - Sentencing. In this case, the government's reason for
   not making a substantial assistance motion on defendant's gun count was
   within the permissible bounds of prosecutorial discretion and was based
   on a rational assessment of the situation; defendant produced no evidence
   that the government was acting in bad faith in refusing to make the
   motion, and the court erred in compelling the government to make the
   motion; district court erred by granting a conditional Booker variance on
   the gun count's mandatory minimum sentence; court also erred in
   granting a Booker variance on defendant's statutory mandatory drug
   counts as a reduction below the statutory maximum can only be based on
   assistance-related factors and cannot be based on 18 U.S.C. Sec. 3553(a)
   factors; reversed and remanded for resentencing.