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U.S. v. BECKETT

No. 92-5091.

996 F.2d 70 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Gary W. BECKETT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 7, 1993.

Attorney(s) appearing for the Case

Joseph C. LeSage, Jr., Booth, Lockard, Politz, LeSage & D'Anna, Shreveport, LA, for defendant-appellant.

Josette L. Cassiere, Asst. U.S. Atty., Joseph S. Cage, Jr., U.S. Atty., Shreveport, LA, for plaintiff-appellee.

Before DAVIS and DeMOSS, Circuit Judges, and ZAGEL, District Judge.

DeMOSS, Circuit Judge:

The question to be determined, one of first impression in this circuit, is whether the district court has authority to depart below the statutory minimum sentence imposed by 18 U.S.C. § 924(c)(1) after the government has filed a motion which seeks a downward departure from the Sentencing Guidelines under U.S.S.G. § 5K1.1 but which specifically asserts that it is not invoking 18 U.S.C. § 3553(e).

I. FACTUAL BACKGROUND...

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