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U.S. v. SPEENBURGH

No. 1226, Docket 92-1716.

990 F.2d 72 (1993)

UNITED STATES of America, Appellee, v. Larry SPEENBURGH, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 6, 1993.

Attorney(s) appearing for the Case

Michael A. Jacobs (Jacobs & Jacobs, Stamford, NY, on the brief), for defendant-appellant.

Joshua W. Nesbitt, Asst. U.S. Atty. (Gary L. Sharpe, U.S. Atty., Albany, NY, on the brief), for appellee.

Before NEWMAN and CARDAMONE, Circuit Judges, and METZNER, District Judge.

JON O. NEWMAN, Circuit Judge:

This appeal presents the issue whether section 3B1.2 of the Sentencing Guidelines, which reduces the offense level for a defendant whose role in the offense was minor or minimal, applies where the only participant, in addition to the defendant, is a Government informant. The appeal also presents the issue whether, if a role adjustment is not available, a district court is authorized to grant a downward departure. These issues arise on...

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