U.S. v. PARKER

No. 90-1046.

912 F.2d 156 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Dean Charles PARKER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 30, 1990.


Attorney(s) appearing for the Case

Kathleen Moro Nesi (argued), Donald A. Scheer, Asst. U.S. Attys., Detroit, Mich., for plaintiff-appellant.

Timothy S. Crawford, Detroit, Mich., for defendant-appellee.

Before MILBURN and NELSON, Circuit Judges, and ENGEL, Senior Circuit Judge.


DAVID A. NELSON, Circuit Judge.

This is an appeal by the government from a sentence imposed under the sentencing guidelines following the defendant's conviction on a drug charge. The question presented is whether the district court may make a downward departure from the guideline range for the sole purpose of harmonizing the sentence with that imposed on a codefendant whose record and conduct may have been dissimilar. We conclude that the court may not do so if the...

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