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U.S. v. STANLEY

Nos. 911, 1063, Dockets Nos. 90-1505, 90-1511.

928 F.2d 575 (1991)

UNITED STATES of America, Appellee-Cross-Appellant, v. John STANLEY, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 21, 1991.

Attorney(s) appearing for the Case

Colleen P. Cassidy, New York City, The Legal Aid Soc., Federal Defender Services Unit, for defendant-appellant cross-appellee.

Jonathan D. Polkes, Brooklyn, N.Y., Asst. U.S. Atty. E.D.N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Susan Corkery, Matthew E. Fishbein, Asst. U.S. Attys., of counsel), for appellee-cross-appellant.

Before FEINBERG, MESKILL and CARDAMONE, Circuit Judges.

FEINBERG, Circuit Judge:

This case raises a significant and difficult issue in the application of the Sentencing Guidelines: whether the sentencing judge may depart downward from the guideline range because of a disparity in sentence between defendants who have engaged in similar conduct but are charged with different offenses as a result of plea-bargaining decisions by the prosecutor.

John Stanley was convicted in July 1990 in the United States District Court...

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