[Download] "United States v. Westerman" by United States Court of Appeals for the Eighth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Westerman
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 08, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

McMILLIAN, Circuit Judge. Timothy Scott Westerman appeals from his sentence entered in the United States District Court for the Eastern District of Arkansas upon his plea of guilty to one count of conspiracy to commit mail fraud, in violation of 18 U.S.C. § 371. For reversal of his sentence, appellant contends that the district court erred in (1) failing to give him a four-level reduction of his offense level under § 3B1.2 of the United States Sentencing Guidelines (""guidelines"") for his role in the offense as a minimal participant, as stipulated in his plea agreement, and (2) failing to give him a three-level reduction under § 2X1.1(b)(2) of the guidelines for ending his role in the conspiracy before its completion. The government agrees with appellant. For the following reasons, we affirm in part and reverse in part and remand this case to the district court for resentencing.1

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