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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.