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U.S. v. CRIPPEN

No. 91-30074.

961 F.2d 882 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Richard CRIPPEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1992.

Attorney(s) appearing for the Case

Stephen R. Sady, Chief Deputy Federal Public Defender, Portland, Or., for plaintiff-appellee.

Errol Carlsen, Sp. Asst. U.S. Atty., Portland, Or., for defendant-appellant.

Before: BROWNING, D.W. NELSON, CANBY, Circuit Judges.

D.W. NELSON, Circuit Judge:

After defendant rejected a plea offer in an earlier state criminal proceeding, he was indicted and convicted in federal court on identical conduct. Defendant's federal conviction led to a guidelines sentence far in excess of the sentence that he would have received had he agreed to the earlier state plea offer. Arguing that he rejected the state plea offer because of ineffective assistance of counsel, defendant moved for a downward departure...

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