U.S. v. Sims, No. 98-2287 (8th Cir.) (174 F.3d 911) (April 9, 1999) (Judge Morris Sheppard Arnold)
Departing from the position taken by several other Circuits, the Eighth Circuit held that post-sentencing efforts at rehabilitation should never constitute a grounds for departure under the Guidelines since it would create unwarranted disparity.
Creating still another subtle and unneeded distinction under the Guidelines and departing from the position taken …
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