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U.S. v. SKLAR

Nos. 90-1450, 90-1451.

920 F.2d 107 (1990)

UNITED STATES of America, Appellant, v. David SKLAR, Defendant, Appellee. UNITED STATES of America, Appellee, v. David SKLAR, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 3, 1990.

Attorney(s) appearing for the Case

Kevin O'Regan, Asst. U.S. Atty., Ware, Mass., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief for the U.S.

Michael P. Ascher, Springfield, Mass., for David Sklar.

Before SELYA, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

SELYA, Circuit Judge.

In computing the guideline sentencing range (GSR) applicable to this case, the district court followed the government's urgings. The court then departed downward in imposing sentence. This Solomonic solution, cf. 2 Kings 3:16-28, apparently left both sides yearning for a whole baby. Cross-appeals ensued.

I. HOW THE SENTENCE EVENTUATED

On January 24, 1989, defendant David Sklar was arrested near the Stockbridge, Massachusetts...

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