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U.S. v. BIRCHFIELD

Crim. No. 88-234-N.

709 F.Supp. 1064 (1989)

UNITED STATES of America v. Harold Clay BIRCHFIELD.

United States District Court, M.D. Alabama.

February 9, 1989.

Attorney(s) appearing for the Case

James Eldon Wilson, U.S. Atty., Charysse L. Alexander, Asst. U.S. Atty., Montgomery, Ala., for U.S.

James C. Martin, Jr., Montgomery, Ala. (Court-appointed), for Birchfield.

ORDER

MYRON H. THOMPSON, District Judge.

Defendant Harold Clay Birchfield, who has entered a guilty plea to the offense of escape, 18 U.S.C.A. § 751(a), is now before the court for sentencing. The issue presented to the court is whether a "departure downward" is appropriate under the Sentencing Reform Act of 1984 as amended, 18 U.S.C.A. §§ 3551, et seq., and 28 U.S.C.A. §§ 991...

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