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United States v. Jensen

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Submitted: April 23, 2008

Before COLLOTON and GRUENDER, Circuit Judges, and GOLDBERG,*fn1 Judge.

The district court sentenced Rodney Jay Jensen to a term of 180 months’ imprisonment after he was convicted of conspiracy to distribute 500 grams or more of methamphetamine and possession with intent to distribute 500 grams or more of methamphetamine. Jensen was subject to a mandatory term of life imprisonment under 21 U.S.C. §§ 841(b)(1)(A) and 851, but the government moved the district court, pursuant to USSG § 5K1.1 and 18 U.S.C. § 3553(e), to reduce the sentence based on Jensen’s provision of substantial assistance. The court imposed a sentence of 180 months’ imprisonment, and both Jensen and the government appealed. We vacated the judgment of the district court, because the court impermissibly considered factors unrelated to Jensen’s assistance in making a reduction under § 3553(e). We remanded for imposition of a sentence of 216 months’ imprisonment, after rejecting the government’s contention that the degree of reduction based solely on Jensen’s assistance was unreasonable. United States v. Jensen, 493 F.3d 997 (8th Cir. 2007).

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