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U.S. v. PHARR

No. 90-1284.

916 F.2d 129 (1990)

UNITED STATES of America, Appellant, v. Stanley PHARR.

United States Court of Appeals, Third Circuit.

Decided October 19, 1990.

As Amended November 29, 1990.

Rehearing and Rehearing Denied November 30, 1990.

Attorney(s) appearing for the Case

Ann Campbell Flannery (argued), Office of U.S. Atty., Philadelphia, Pa., for appellant.

Maureen K. Rowley (argued), Defender Ass'n of Philadelphia, Federal Court Div., Philadelphia, Pa., for appellee.

Before STAPLETON, COWEN and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 30, 1990.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal arises from an order of the district court imposing a sentence that departed from the applicable sentence range under the United States Sentencing Commission Guidelines (1989) (hereafter cited as "U.S.S.G."). In sentencing Stanley Pharr, the district court based its departure from the guidelines on its finding that Pharr had made a conscientious...

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