United States v. Solis

DUHÉ, Circuit Judge:

The United States asks us to reconsider and vacate our opinion in United States v. Solis, 161 F.3d 281 (5th Cir.1998). Upon reconsideration, we vacate our prior opinion and substitute the following. 1

BACKGROUND

The United States (“Government”) appeals the district court’s decision to depart downward five levels based on Rumaldo Solis’s (“Solis”) assistance to the prosecution and to sentence him at offense level 32. The Government contends that Solis should have been sentenced at offense level 35.

Solis is a former Immigration and Naturalization Inspector who was involved in…