No. 91-1112.

936 F.2d 41 (1991)

UNITED STATES, Appellee, v. John RUSHBY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 20, 1991.

Attorney(s) appearing for the Case

David J. Wenc, Windsor Locks, Conn., by appointment of the Court, for defendant, appellant.

Bertha D. Josephson, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., and Kevin O'Regan, Asst. U.S. Atty., were on brief, Boston, Mass., for appellee.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BREYER, Chief Judge.

Defendant John Rushby pleaded guilty to one count of conspiracy to distribute cocaine and marijuana. 21 U.S.C. §§ 841(a)(1) and 846. At his sentencing hearing on January 18, 1991, the Government moved the court to depart downward from the relevant sentencing range in light of his help in prosecuting his coconspirators. United States Sentencing Commission, Guidelines Manual, § 5K1...

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