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U.S. v. WEAVER

No. 89-7295.

920 F.2d 1570 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. James T. WEAVER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 15, 1991.

Attorney(s) appearing for the Case

Charysse L. Alexander, Asst. U.S. Atty., Montgomery, Ala., for plaintiff-appellant.

Susan Graham James, Jeffery C. Duffey, Montgomery, Ala., for defendant-appellee.

Before CLARK, Circuit Judge, MORGAN and HILL, Senior Circuit Judges.

CLARK, Circuit Judge:

This case involves a district court's downward departure from the sentence prescribed by the Sentencing Guidelines. The district court based its departure on the guidelines' failure to adequately consider several factors and on the fact that without such departure, the resultant penalty was more harsh than necessary to accomplish its deterrent effect. Because we find that this is an appropriate case for departure from the guidelines, that the...

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