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U.S. v. DONATIU

No. 89-2906.

922 F.2d 1331 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Scott DONATIU, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 1991.

Rehearing and Rehearing Denied February 27, 1991.

Attorney(s) appearing for the Case

Michael R. Pace, and Barry R. Elden, Asst. U.S. Attys., Office of the U.S. Atty., Criminal Receiving, Appellate Div., Chicago, Ill., for U.S.

Robert D. Seeder, Federal Public Defender, Carol A. Brook, Patrick S. Coffey, Federal Public Defender, Nancy B. Murnighan, Office of the Federal Public Defender, Chicago, Ill., for defendant-appellant.

Before POSNER, RIPPLE and MANION, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 27, 1991.

MANION, Circuit Judge.

Scott Donatiu pleaded guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and was sentenced within the guidelines to 24 months incarceration followed by three years supervised release. He appeals the sentence, arguing that the government's refusal to move for a downward departure based on Donatiu's alleged "substantial assistance"...

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