United States v. Dallman

ORDER

The opinion filed on May 19, 2008 is AMENDED as follows:

In Section “IV” of the opinion, the second paragraph, which states:

After Booker, the departure Guidelines are still operative, and an accurate guideline range calculation may still properly require consideration and correct application of the departure Guidelines. Because Booker left intact 18 U.S.C. § 3742(a) and did not overrule Ruiz, the district court’s denial of Dall-man’s motion for a downward departure based on aberrant behavior remains un-reviewable. See United States v. Cooper, 437 F.3d 324, 333 (3d Cir.2006) (holding that…