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U.S. v. NAPOLI

No. 91-2003.

954 F.2d 482 (1992)

UNITED STATES of America, Appellant, v. Tony A. NAPOLI, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 15, 1992.

Attorney(s) appearing for the Case

Diana Jo Ryan, Rapid City, S.D., argued, for appellant.

David A. Bradsky, Rapid City, S.D., argued, for appellee.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and STUART, Senior District Judge.

ARNOLD, Circuit Judge.

Tony A. Napoli pleaded guilty to possessing an unregistered sawed-off shotgun in violation of 26 U.S.C. §§ 5861(d) and 5871. Instead of the sentence of 21 to 27 months' imprisonment recommended in the Presentence Report (PSR), the District Court1 sentenced Napoli to one year of probation. The government appeals this sentence, arguing that the District Court improperly departed from the Sentencing Guidelines...

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