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U.S. v. McCLELLAND

Nos. 94-30385, 94-30423.

72 F.3d 717 (1995)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. James Albert McCLELLAND, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 12, 1995.

Attorney(s) appearing for the Case

Kathleen A. Felton, United States Department of Justice, Washington, DC, for plaintiff-appellee-cross-appellant.

Gerald D. Smith, Federal Defenders of Eastern Washington, Spokane, Washington, for defendant-appellant-cross-appellee.

Before: REINHARDT, TROTT, Circuit Judges, and SCHWARZER, District Judge.

REINHARDT, Circuit Judge:

OVERVIEW

Defendant, James McClelland, was convicted of violating 18 U.S.C. § 1958, Use of Interstate Commerce Facilities in the Commission of Murder-for-Hire. At sentencing the district court granted a downward departure on the ground of imperfect entrapment by the government and sentenced him to sixty months incarceration. Both he and the government have appealed.

McClelland contends that the government engaged...

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