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U.S. v. POZZY

No. 89-1879.

902 F.2d 133 (1990)

UNITED STATES, Appellant, v. Susan POZZY, Appellee.

United States Court of Appeals, First Circuit.

Decided April 30, 1990.

Attorney(s) appearing for the Case

Margaret D. McGaughey, Asst. U.S. Atty., Portland, Me., with whom Richard S. Cohen, U.S. Atty., James L. McCarthy, Asst. U.S. Atty., Detroit, Mich., and F. Mark Terison, Asst. U.S. Atty., Portland, Me., were on brief, for appellant.

J. Hilary Billings, Bangor, Me., for appellee.

Before CAMPBELL, Chief Judge, COFFIN and BOWNES, Senior Circuit Judges.

BOWNES, Senior Circuit Judge.

This is an appeal by the government pursuant to 18 U.S.C. § 3742(b)1 from a sentence that departed downward from the applicable guideline range.

I.

A. The Sentence

The defendant Susan Pozzy and her husband Peter Pozzy were charged in separate informations with possessing cocaine on November 10 with intent to distribute it and aiding and abetting the other do the same...

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