United States v. Donald Wayne Stuart

This appeal by the government presents two issues, the first of which is an issue of first impression in this Circuit: (1) whether the district court erred in granting a downward departure for preindictment delay; and (2) whether the district court erred in granting a downward departure for extraordinary postoffense rehabilitative efforts when the defendant had a criminal history category of I. Because there is no evidence that the defendant was prejudiced by the preindictment delay and the departure for postoffense rehabilitation was foreclosed by binding precedent, we vacate the sentence…