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U.S. v. TRELEAVEN

No. 93-30228.

35 F.3d 458 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Steve R. TRELEAVEN, Defendant, and Roderick D. Hier, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1994.

As Amended on Denial of Rehearing November 17, 1994.

Attorney(s) appearing for the Case

James E. Siebe, Moscow, ID, for defendant-appellant.

Barry McHugh, Asst. U.S. Atty., Boise, ID, for plaintiff-appellee.

Before: GOODWIN, D.W. NELSON, and HALL, Circuit Judges.

GOODWIN, Circuit Judge:

Roderick D. Hier appeals his sentence for marijuana offenses, arguing that prosecutors impermissibly refused to move for a downward departure for providing substantial assistance after he testified before a grand jury. U.S.S.G. § 5K1.1. We vacate Hier's sentence and remand for resentencing.1

I.

After the district court denied Hier's motion to suppress evidence, Hier's counsel contacted the...

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