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.
113165P.pdf 11/08/2012 United States v. Efrain Longarica
U.S. Court of Appeals Case No: 11-3165
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Loken, Author, with Smith and Benton, Circuit Judges]
Criminal case - Sentencing. Defense counsel's passing reference to a
four-level departure that would be available in Fast-Track districts did not
require the district court to acknowledge, sua sponte, that it would have
discretion to take this factor into account in determining whether to grant
defendant's request for an even greater downward variance on other
grounds; nor did the reference take into account that Sec. 5K3.1
departures in Fast-Track districts must be made upon motion of the
government following a number of steps and requirements.