noting that statements are material in the grand jury context if they have “the potential ‘to impede, influence, or dissuade the grand jury from pursuing its investigation’ ”
How later courts described this case
- noting that statements are material in the grand jury context if they have “the potential ‘to impede, influence, or dissuade the grand jury from pursuing its investigation’ ”
- noting, that a statement such as, “The guidelines do not permit a downward departure” would clearly indicate that the district judge thought he lacked authority to depart
- "We believe this language demonstrates that [the sentencing judge] exercised his discretion in refusing to depart."
- dismissing appeal of sentence based on district court's refusal to depart for aberrant behavior
Written by the judges who cited it.
The opinion
WILL, Senior District Judge,
concurring.
While I join the Court’s opinion, I am constrained once again to agree with the sentencing judge, in this ease Judge Mihm, that the sentencing guidelines compel an egregious sentence given the facts of the defendant’s conduct and its lack of impact.