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U.S. v. BELL

No. 91-5370.

974 F.2d 537 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. George R. BELL, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1992.

As Amended October 27, 1992.

Attorney(s) appearing for the Case

Gregory Welsh, Asst. U.S. Atty., Baltimore, Md., argued (Richard D. Bennett, U.S. Atty., on the brief) for plaintiff-appellant.

C. Michael Walls, Garner & Walls, Laurel, Md., argued (Jean A. Garner, Garner & Walls, on the brief) for defendant-appellee.

Before WILKINSON and NIEMEYER, Circuit Judges, and STAMP, United States District Judge for the Northern District of West Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

George Bell pleaded guilty to sexual exploitation of children in violation of 18 U.S.C. § 2251 and was sentenced under the United States Sentencing Guidelines. The district court calculated Bell's sentencing range under the Guidelines at 87-108 months, but then granted Bell's motion for a downward departure — based on the detrimental effect a lengthy incarceration would have on his family — and sentenced...

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