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.

081804P.pdf   03/25/2009  United States  v.  Ira Chase
   U.S. Court of Appeals Case No:  08-1804
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Bye, Author, with John R. Gibson and Gruender,
   Circuit Judges]
   Criminal case - Sentencing. Based on the sentencing record, it is
   unclear whether the district court analyzed defendant's request for a
   variance as a request for a departure and it may not have properly
   considered the Section 3553(a) factors when addressing the variance;
   circuit precedents concerning departures do not bind district courts when
   they are analyzing variance requests and is merely persuasive authority on
   the question of granting a variance; case remanded for resentencing.
   Judge Gruender, Concurring.