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U.S. v. GLICK

No. 91-5505.

946 F.2d 335 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Barry David GLICK, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 8, 1991.

As Amended October 23, 1991.

Attorney(s) appearing for the Case

Dale Preston Kelberman, Asst. U.S. Atty., Baltimore, Md., argued (Breckinridge L. Willcox, U.S. Atty., on brief), for plaintiff-appellant.

Nancy Luque, Washington, Perito & Dubuc, Washington, D.C., argued (Robert Plotkin, Anne Pings, on brief), for defendant-appellee.

Before SPROUSE and WILKINS, Circuit Judges, and JOSEPH F. ANDERSON, JR., District Judge for the District of South Carolina, sitting by designation.

OPINION

WILKINS, Circuit Judge:

Barry David Glick pled guilty to interstate transportation of stolen property. 18 U.S.C.A. § 2314 (West Supp.1991). The sentencing court departed downward from the sentencing guidelines range on the bases of Glick's aberrant behavior and diminished capacity, and sentenced him to five years probation. The government appeals the downward departure. We reverse in part, affirm in part, and affirm as to the result.

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