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U.S. v. LATTIMORE

No. 91-3454.

974 F.2d 971 (1992)

UNITED STATES of America, Appellant, v. Robert Norman LATTIMORE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 3, 1992.

Rehearing Denied October 19, 1992.

Attorney(s) appearing for the Case

Margaret T. Burns, Asst. U.S. Atty., Minneapolis, Minn., argued, for appellant.

Arthur R. Martinez, Minneapolis, Minn., argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

RICHARD S. ARNOLD, Chief Judge.

The United States appeals from a sentence of 72 months levied upon Robert Lattimore by the District Court after his plea of guilty to one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1). Lattimore's range under the United States Sentencing Guidelines was 78 to 97 months, but the District Court departed downward, citing the Sentencing Commission's failure to take properly into consideration...

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