U.S. v. Gutierrez, 89-1950
| Decision Date | 01 November 1990 |
| Docket Number | No. 89-1950,89-1950 |
| Citation | 917 F.2d 379 |
| Parties | UNITED STATES of America, Appellant, v. David Victor GUTIERREZ, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Appeal From the United States District Court for the Northern District of Iowa.
Prior report: 8th Cir., 908 F.2d 349.
Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, and McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL and BEAM, Circuit Judges.
ORDER
The judgment of the district court is affirmed by an equally divided court. Chief Judge Lay, Judges Heaney, McMillian, Arnold, and Beam voted to affirm. Judges John R. Gibson, Fagg, Bowman, Wollman, and Magill voted to reverse.
It is so ordered.
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9 cases
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U.S. v. Kelley
...Gutierrez, the en banc court affirmed the district court by an equally divided vote, thereby leaving the question for another day. 917 F.2d 379 (8th Cir.1990). The cases we decide today present the question in an unusually narrow form, since the appellants forego constitutional arguments an......
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U.S. v. Doe
... ... Sec. 3553(e)). But see United States v. Gutierrez, 908 F.2d 349 (8th Cir.1990), vacated, 917 F.2d 379 (8th Cir.1990) (en banc) (mem.) (affirming by ... task of deciding how the guidelines should reflect a defendant's assistance effectively prevents us from finding here that the same provision so constrains the Commission's drafting discretion as to ... ...
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U.S. v. Smith
... ... Bayles, 923 F.2d 70 (7th Cir.1991). Smith asks us to hold nonetheless that an arbitrary refusal to make a motion does not block a district judge from ... See United States v. Gutierrez, 908 F.2d 349, 353-54 (8th Cir.1990) (Heaney, J., dissenting), vacated on reh'g en banc, 917 F.2d ... ...
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U.S. v. Johnson
... ... The government asks us, on this appeal, to reverse a sentencing judge's exercise of downward flexibility on behalf of an ... Gutierrez, 908 F.2d 349, 353 (Heaney, J., dissenting), vacated by an equally divided court, 917 F.2d 379 (8th ... ...
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