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083878P.pdf   11/06/2009  United States  v.  Joe Madison
   U.S. Court of Appeals Case No:  08-3878
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED][Riley, Author, with Smith and Gruender, Circuit Judges]
   Criminal case - Sentencing. Where a district court has authority to
   sentence below a statutory minimum only by virtue of a government
   motion under 18 U.S.C. Sec. 3553(e), the reduction must be based
   exclusively on assistance-related considerations; here, a review of the
   sentencing transcripts and memorandum established that the district court
   impermissibly considered the 18 U.S.C. Sec. 3553(a) factors, rather than
   relying exclusively on assistance-related factors, in determining to
   depart below the mandatory minimum sentence; case remanded for
   resentencing.