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U.S. v. EMERY

No. 92-1619.

991 F.2d 907 (1993)

UNITED STATES of America, Appellee, v. Charles E. EMERY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 28, 1993.

Attorney(s) appearing for the Case

Robert A. Costantino, Boston, MA, for appellant.

Margaret D. McGaughey, Asst. U.S. Atty., Portland, ME, with whom Richard S. Cohen, U.S. Atty., Augusta, ME, and Raymond C. Hurley, Asst. U.S. Atty., Washington, DC, were on brief, for appellee.

Before SELYA, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CYR, Circuit Judge.

SELYA, Circuit Judge.

This sentencing appeal presents two issues for our determination.1 We must consider (1) whether an attempted escape from state custody prior to the initiation of a federal investigation into the offense of conviction can serve as a basis for enhancing a defendant's sentence under the obstruction-of-justice guideline, U.S.S.G. § 3C1.1; and (2) whether the facts at bar justify a substantial upward departure from...

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