United States of America, Plaintiff-appellant, v. Oscar Bacum Wise, Ii, Defendant-appellee, 947 F.2d 947 (6th Cir. 1991)

Before RYAN and BOGGS, Circuit Judges, and HOOD, District Judge.^* 

ORDER

The sentence imposed is vacated and the case is remanded for resentencing in conformance with the Sentencing Guidelines and the mandatory minimum sentence provided by statute in this case.

The district court was without authority to depart from the mandatory minimum/Sentencing Guidelines prescribed sentence on the basis that the defendant provided substantial assistance to the government. In this case, a departure based on the defendant's assistance could be made only upon a motion by the government and none was made.