United States v. Rick Lloyd Carmer

U.S. Court of Appeals for the Eighth Circuit

United States v. Rick Lloyd Carmer

Opinion

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No. 96-3302 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Rick Lloyd Carmer, * * [UNPUBLISHED] Appellant. *

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Submitted: January 7, 1997

Filed: January 10, 1997 ___________

Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Rick Lloyd Carmer pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The district court1 granted the government’s motion for a downward departure under U.S. Sentencing Guidelines Manual § 5K1.1, p.s. (substantial assistance), and sentenced him to 20 months imprisonment.

Carmer argues on appeal that the district court improperly concluded it did not have authority to depart downward based on his drug rehabilitative efforts and the deferral of parole on an Iowa term of imprisonment. After carefully reviewing the record we conclude that the district court did not err in sentencing Carmer, and we accordingly affirm the judgment.

1 The Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa. A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

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Reference

Status
Unpublished