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U.S. v. HOLBDY

No. 06-3196.

489 F.3d 910 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie David HOLBDY, also known as Cal, also known as Calvin, also known as Telles Terrel Powell, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 21, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was William M. Orth of Minneapolis, Minnesota.

Counsel who presented argument on behalf of the appellee was David P. Steinkamp, Assistant U.S. Attorney, of Minneapolis, Minnesota. Also appearing on the brief was Rachel K. Paulose.

Before LOKEN, Chief Judge, BEAM and BYE, Circuit Judges.

BYE, Circuit Judge.

Eddie David Holbdy claims the district court1 erred in denying his request for an evidentiary hearing on the government's refusal to move for a downward departure pursuant to U.S. Sentencing Guidelines (Guidelines) § 5K1.1 or 18 U.S.C. § 3553(e). Holbdy also challenges the constitutionality of Federal Rule of Criminal Procedure 35(b) and 18 U.S.C. § 3553(e) on separation of powers grounds. This panel...

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