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U.S. v. DOE

No. 90-3027.

934 F.2d 353 (1991)

UNITED STATES of America, Appellant, v. Jane DOE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 24, 1991.

Attorney(s) appearing for the Case

John R. Fisher, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Thomas E. Zeno, and Ann L. Rosenfield, Asst. U.S. Attys., were on the brief, Washington, D.C., for appellant.

Charles B. Wayne (appointed by the Court) Washington, D.C., for appellee.

Before MIKVA, Chief Judge, EDWARDS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

Concurring opinion filed by Circuit Judge D.H. GINSBURG.

MIKVA, Chief Judge:

This appeal raises statutory and constitutional challenges to the substantial assistance provision of the United States Sentencing Guidelines. See United States Sentencing Guidelines ("U.S.S.G.") § 5K1.1 (1990). The district court concluded that section 5K1.1, which permits a court to depart from the guidelines...

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