Notice: Eighth Circuit Rule 28a(k) Governs Citation of Unpublished Opinions and Provides That They Are Not Precedent and Generally Should Not Be Cited Unless Relevant to Establishing the Doctrines of Res Judicata, Collateral Estoppel, the Law of the Case, or if the Opinion Has Persuasive Value on a Material Issue and No Published Opinion Would Serve As Well.united States of America, Appellee, v. Rick Lloyd Carmer, Appellant, 105 F.3d 663 (8th Cir. 1997)

Rick Lloyd Carmer pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g) (1). The district court¹  granted the government's motion for a downward departure under U.S. Sentencing Guidelines Manual § 5K1.1, p.s. (substantial assistance), and sentenced him to 20 months imprisonment.

Carmer argues on appeal that the district court improperly concluded it did not have authority to depart downward based on his drug rehabilitative efforts and the deferral of parole on an Iowa term of imprisonment. After carefully reviewing the record we conclude that the district court did not err in sentencing Carmer, and we accordingly affirm the judgment.