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.

072310P.pdf   07/07/2008  United States  v.  Julio Garcia-Hernandez
   U.S. Court of Appeals Case No:  07-2310
                          and No:  07-2541
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Gruender, Author, with Riley and Shepherd, Circuit Judges]
   Criminal case - Criminal law and Sentencing. Evidence was sufficient
   to support defendant's convictions for conspiracy and possession of a
   firearm in furtherance of drug trafficking; district court clearly erred in
   finding that the government had failed its burden of proof that there were
   at least five participants in the conspiracy, and the court erred in refusing
   to impose at least a three-level enhancement for a management role in the
   offense under Guidelines Sec. 3B1.1(a), (b); district court also erred in
   granting defendant a downward variance based on a improper factor - that
   illegal aliens are ineligible for early release.