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U.S. v. CHEAPE

No. 89-3207.

889 F.2d 477 (1989)

UNITED STATES of America, Appellee, v. James Hughes CHEAPE, John Wade Johnson, Karen Klinefelter. Appeal of Karen KLINEFELTER.

United States Court of Appeals, Third Circuit.

Decided November 14, 1989.

Attorney(s) appearing for the Case

Charles D. Sheehy, Acting U.S. Atty., Paul J. Brysh, Asst. U.S. Atty., for appellee.

Lee G. Nollau, Jubelirer, Nollau, Young & Blanarik, State College, Pa., for appellant.

Before BECKER, COWEN and SEITZ, Circuit Judges.

Submitted Pursuant to Rule 12(6) October 16, 1989.

OPINION OF THE COURT

BECKER, Circuit Judge.

Section 5K2.12 of the Sentencing Guidelines provides that the sentencing court may depart below the applicable guideline range if the defendant committed the offense because of serious coercion or duress, under circumstances not amounting to a complete defense. In this case, defendant Karen Klinefelter was convicted by a jury in the district court for the...

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