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U.S. v. SHOUPE

No. 92-7204.

988 F.2d 440 (1993)

UNITED STATES of America, Appellee, v. Kenneth SHOUPE, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 12, 1993.

Attorney(s) appearing for the Case

James J. West, U.S. Atty., Barbara Kosik Whitaker (Argued), Asst. U.S. Atty., Scranton, PA, for appellee.

Melinda C. Ghilardi (Argued), First Asst., Federal Public Defender, Scranton, PA, James V. Wade, Federal Public Defender, M.D. Pa., Harrisburg, PA, for appellant.

Before: BECKER, STAPLETON and LAY, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is the second time we review defendant Kenneth Shoupe's sentence under the Sentencing Guidelines. See United States v. Shoupe, 929 F.2d 116, 118-19 (3d Cir.) (Shoupe I) (vacating and remanding for resentencing), cert. denied, ___ U.S. ___, 112 S.Ct. 382, 116 L.Ed.2d 333 (1991). Here we are asked to decide whether a departure under Guideline § 4A1...

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