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U.S. v. HIGGINS

No. 91-1877.

967 F.2d 841 (1992)

UNITED STATES of America, Appellee, v. Will HIGGINS, a/k/a "Willie," Appellant.

United States Court of Appeals, Third Circuit.

Decided June 16, 1992.

Rehearing Denied July 17, 1992.

Attorney(s) appearing for the Case

William A. DeStefano, Christopher D. Warren, DeStefano & Warren, P.C., Philadelphia, Pa., for appellant.

Michael M. Baylson, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Valli F. Baldassano, Asst. U.S. Atty., Office of U.S. Atty., Philadelphia, Pa., for appellee.

Before HUTCHINSON, COWEN and SEITZ, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) May 20, 1992.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Will Higgins (Higgins) appeals the district court's refusal to depart downward under the Sentencing Guidelines based on various mitigating circumstances and his offer of substantial assistance to the government. The district court did not depart downward because it held that the Sentencing Guidelines prohibited a district court from departing based...

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