Summary
In Anzalone, the Eighth Circuit stated that, where the government bases its decision not to move for a downward adjustment on reasons unrelated to whether the defendant fulfilled the facial requirements of the sentencing guideline, its decision does not serve a legitimate government interest.
Summary of this case from U.S. v. JohnsonOpinion
No. 97-2932NEO
October 7, 1998
Appeal from the United States District Court for the District of Nebraska.
On the motion of the en banc court, the September 22, 1998 order granting en banc consideration is vacated, the court's opinion and judgment of June 30, 1998 are reinstated, and the petition for rehearing with suggestion for rehearing en banc is denied. Chief Judge Bowman, Judge McMillian, Judge Fagg, Judge Hansen, and Judge Murphy would grant the suggestion.