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U.S. v. LAUZON

No. 90-1661.

938 F.2d 326 (1991)

UNITED STATES, Appellee, v. Michael Neal LAUZON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 16, 1991.

Attorney(s) appearing for the Case

Laurie Ann Miller with whom Ferris, Dearborn & Willey, were on brief, Brewer, Me., for defendant, appellant.

Margaret D. McGaughey, Asst. U.S. Atty., with whom F. Mark Terison, Asst. U.S. Atty., Portland, Me., and Richard S. Cohen, U.S. Atty., were on brief, Augusta, Me., for appellee.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BOWNES, Senior Circuit Judge.

Michael Neal Lauzon appeals the sentence imposed upon him following his guilty plea to two counts of distributing LSD and one count of distributing psilocin in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). Lauzon received a 63-month sentence, the minimum sentence available within the guideline sentencing range. The main issue on appeal is whether the sentencing judge understood that he had authority to depart downward...

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