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U.S. v. LEAVITT

No. 90-1597.

925 F.2d 516 (1991)

UNITED STATES, Appellee, v. Tony Allen LEAVITT, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 11, 1991.

Attorney(s) appearing for the Case

Judith H. Mizner, Newburyport, Mass., for defendant, appellant.

Margaret D. McGaughey, Asst. U.S. Atty., Portland, Me., with whom Richard S. Cohen, U.S. Atty., Augusta, Me., was on brief, for appellee.

Before BREYER, Chief Judge, ALDRICH and COFFIN, Senior Circuit Judges.

BREYER, Chief Judge.

After Tony Allen Leavitt pleaded guilty to a drug crime, see 21 U.S.C. § 841(a)(1), the district court departed downward from what it considered the applicable Guideline sentence (168-210 months), see United States Sentencing Commission, Guidelines Manual § 4B1.1 (Nov.1989) ("career offender" guideline), and sentenced him to a prison term of ninety months. Leavitt now appeals, claiming that the court made a legal...

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