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U.S. v. STUDLEY

No. 90-1078.

907 F.2d 254 (1990)

UNITED STATES of America, Appellant, v. James STUDLEY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 5, 1990.

Attorney(s) appearing for the Case

Susan R. Via, Asst. U.S. Atty., Pittsburgh, Pa., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for U.S.

Bruce N. Sachar, Lynn, Mass., with whom Steven L. Picone, Salem, Mass., was on brief, for defendant, appellee.

Before CAMPBELL, Circuit Judge, ROSENN, Senior Circuit Judge, and SELYA, Circuit Judge.

ROSENN, Senior Circuit Judge.

The central issue of this appeal by the Government is whether the district court erred in departing downward from the applicable guidelines in sentencing the defendant for receiving child pornography in violation of 18 U.S.C. § 2252(a)(2). Although the district court's sense of compassion and pragmatism displayed in sentencing the defendant is understandable, regrettably, these considerations are insufficient to justify

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