U.S. v. HASAN

No. 99-2102.

245 F.3d 682 (2001)

UNITED STATES of America, Appellant, v. Hamedah A. HASAN, also known as Stephanie Lomax, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 3, 2001.


Attorney(s) appearing for the Case

Maria R. Moran, Asst. U.S. Atty., argued, Omaha, NE (Thomas J. Monaghan, U.S. Atty., Adam C. Cortez, Asst. U.S. Atty., on the brief), for appellant.

Korey L. Reiman, argued, Lincoln, NE (John Stevens Berry, Michael Hansen, Lincoln, NE, on the brief), for appellee.

Before WOLLMAN, Chief Judge, McMILLIAN, RICHARD S. ARNOLD, BOWMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, and BYE, Circuit Judges, En Banc.


HANSEN, Circuit Judge.

The government appeals the district court's decision to grant Hamedah A. Hasan an eight-level downward departure on the basis of post-sentencing rehabilitation at her 18 U.S.C. § 3582(c)(2) resentencing. Initially, a divided panel of this court affirmed the district court's judgment. See United States v. Hasan, 205 F.3d 1072 (8th Cir.2000), petition for reh'g en banc granted,

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