DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071930P.pdf 02/28/2008 United States v. Telize Johnson
U.S. Court of Appeals Case No: 07-1930
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Murphy, Author, with Loken, Chief Judge, and
Hansen, Circuit Judge]
Criminal case - Sentencing. District court's decision not to grant a
downward departure was unreviewable in absence of evidence that the
district court misunderstood its authority or had an unconstitutional
motive; in reducing a sentence below the statutory minimum for a
defendant's substantial assistance, a court may only consider factors
related to that assistance, and may not use the factors set out in 18 U.S.C.
Sec. 3553(a) to further reduce the sentence; recent amendments to the
crack cocaine guidelines do not affect defendant because his sentence was
subject to statutory mandatory minimums.