United States v. Clark

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION FOR DOWNWARD DEPARTURE BASED ON U.S.S.G. § 1B1.8 DISPARITY

BENNETT, Chief Judge.

This matter comes before the court following the sentencing of defendant Jeffrey Alan Clark on December 22, 1999. Defendant Clark sought a downward departure based on a disparity between the Northern and Southern Districts of Iowa in the availability to cooperating defendants of use immunity within the scope of U.S.S.G. § 1B1.8 protection. The court granted such a downward departure in the course of the sentencing hearing and now memorializes its rationale.

Th…