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U.S. v. HARPST

No. 91-3078.

949 F.2d 860 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Jack A. HARPST, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1991.

Rehearing Denied December 18, 1991.

Attorney(s) appearing for the Case

David O. Bauer, Asst. U.S. Atty., Office of the U.S. Atty., Toledo, Ohio, Sean Connelly (argued and briefed), U.S. Dept. of Justice, Criminal Div., Washington, D.C., for plaintiff-appellant.

Charles Boyk, Toledo, Ohio, Walter R. Wagner (argued and briefed), Sandusky, Ohio, for defendant-appellee.

Before JONES and SUHRHEINRICH, Circuit Judges, and TODD, District Judge.

NATHANIEL R. JONES, Circuit Judge.

The United States appeals the sentencing court's downward departure from the United States Sentencing Guidelines ("U.S.S.G.") on the grounds of defendant's age, health, suicidal tendencies, and ability to make restitution. For the following reasons, we reverse.

I

On August 7, 1990, defendant-appellee Jack Harpst, a former Vice President of Consumer Loans at The Citizens Banking Company ("Bank") in Sandusky, Ohio...

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