United States v. Joseph Byerley, in the Matter of United States of America

BAUER, Circuit Judge.

The United States seeks review of the district court’s reduction of defendant Joseph Byerley’s sentence from a term of 151 months’ imprisonment to a term of sixty months’ imprisonment. We affirm the reduction of Byerley’s sentence and decline to issue a writ of mandamus.

I

Byerley was convicted by a jury of one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. The indictment charged that the length of the conspiracy was “from on or about March 1987 up to January 1990.” The probation officer in Byerley’s presentence investigation report recommended…