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U.S. v. CAREY

No. 89-1826.

895 F.2d 318 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. James E. CAREY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 12, 1990.

Attorney(s) appearing for the Case

James M. Warden, Asst. U.S. Atty., Roger Heaton, Asst. Atty. Gen., Indianapolis, Ind., for plaintiff-appellant.

Duge Butler, Jr., Butler, Brown & Blythe, Indianapolis, Ind., J.J. Paul, III, Ober, Symmes, Cardwell, Voyles & Zahn, Indianapolis, Ind., for defendant-appellee.

Before CUMMINGS, FLAUM and KANNE, Circuit Judges.

FLAUM, Circuit Judge.

This case involves an appeal by the government of the district court's downward departure from the Federal Sentencing Guideline's applicable sentencing range. The defendant, James E. Carey, pled guilty to the execution of a scheme and artifice to defraud a bank in violation of 18 U.S.C. § 1344. The presentencing report calculated the defendant's sentencing range for custody as 12 to 18 months imprisonment under the Sentencing Reform Act...

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