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U.S. v. NEIMAN

No. 91 Cr 637 (VLB).

828 F.Supp. 254 (1993)

UNITED STATES of America v. Simcha NEIMAN, Defendant.

United States District Court, S.D. New York.

August 13, 1993.

Attorney(s) appearing for the Case

Robert S. Khuzami, Asst. U.S. Atty., New York City, for the U.S.

Ronald M. Kleinberg, New York City, for defendant.

Peter B. Hume, Supervising U.S. Probation Officer, New York City, for the Probation Dept.

MEMORANDUM

VINCENT L. BRODERICK, District Judge.

I

This case presents the question of whether non-narcotic rehabilitation prospects may be the basis for a downward departure from the United States Sentencing Guidelines in an appropriate case where chances of rehabilitation without imprisonment are good but with imprisonment are minimal or nonexistent. I answer the question in the affirmative.

II

Congress has directed that in addition...

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