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U.S. v. FAVARA

No. 92-2820.

987 F.2d 538 (1993)

UNITED STATES of America, Appellee, v. Philip Joseph FAVARA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 5, 1993.

Attorney(s) appearing for the Case

Robert Gerard Malone, St. Paul, MN, argued, for appellant.

Michael W. Ward, Minneapolis, MN, argued (Thomas B. Heffelfinger and Michael W. Ward, on the brief), for appellee.

Before McMILLIAN, MAGILL and LOKEN, Circuit Judges.

McMILLIAN, Circuit Judge.

Philip Joseph Favara appeals the seventy-month sentence imposed by the district court1 following his guilty plea to conspiring to distribute cocaine. For reversal, Favara contends that (1) the government's bad faith refusal to move for a departure under U.S.S.G. § 5K1.1, p.s. violated due process; and (2) the district court abused its discretion by denying his motion for departure. We affirm the judgment...

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