From Casetext: Smarter Legal Research

United States v. Anzalone

United States Court of Appeals, Eighth Circuit
Oct 7, 1998
161 F.3d 1125 (8th Cir. 1998)

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. Johnson

Opinion

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.


Summaries of

United States v. Anzalone

United States Court of Appeals, Eighth Circuit
Oct 7, 1998
161 F.3d 1125 (8th Cir. 1998)

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. Johnson
Case details for

United States v. Anzalone

Case Details

Full title:United States of America, Appellee, vs. James L. Anzalone, Appellant

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 7, 1998

Citations

161 F.3d 1125 (8th Cir. 1998)

Citing Cases

U.S. v. Johnson

We think the reasoning of the Fifth Circuit is sound. The concurrence cites other non-circuit cases such as…