United States v. Hawley

McMILLIAN, Circuit Judge.

The United States appeals from two final judgments entered in the District Court for the District of South Dakota, upon pleas of guilty, sentencing defendants Wayne A. Yeager and Jonathan L. Hawley each to 20 months imprisonment. For reversal the government argues the district court erred in departing below the statutory mandatory minimum sentence of 60 months without a government motion pursuant to 18 U.S.C. § 3553(e). For the reasons discussed below, we reverse the sentences and remand the cases to the district court for resentenc-ing.

Defendants, who were eighteen…