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.
081575P.pdf 11/07/2008 United States v. Ascencion Diaz
U.S. Court of Appeals Case No: 08-1575
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Bye, Author, with Beam and Colloton, Circuit Judges]
Criminal case - Sentencing. District court correctly used the mandatory
minimum sentence as the starting point for determining the appropriate
substantial-assistance downward departure; because the decision to depart
by levels in discretionary, the court cannot say the district court's
decision to select the higher of two levels that encompass the mandatory
minimum sentence was procedural error.