United States v. Burns

The majority holds the district court’s sixty percent downward departure was excessive and unreasonable under the circumstances presented by this case. Because the district court appropriately exercised its sentencing discretion, I respectfully dissent from the majority’s decision to vacate the sentence and remand for resentencing. I join the majority’s opinion in other respects. I also join in Judge Bright’s dissent.

I

We review the extent of a substantial assistance downward departure for an abuse of discretion. United States v. Coyle, 429 F.3d 1192, 1193 (8th Cir.2005). “[Tjhere is no bright…