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U.S. v. SCLAMO

No. 93-1089.

997 F.2d 970 (1993)

UNITED STATES of America, Appellant, v. Joseph SCLAMO, Jr., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 7, 1993.

Attorney(s) appearing for the Case

Brien T. O'Connor, Asst. U.S. Atty., with whom A. John Pappalardo, U.S. Atty., Boston, MA, was on brief, for appellant.

James R. Lemire, Holden, MA, for appellee.

Before BOUDIN, Circuit Judge, COFFIN, Senior Circuit Judge, and STAHL, Circuit Judge.

COFFIN, Senior Circuit Judge.

This is a governmental appeal from a sentence in which the district court departed downward from the Sentencing Guidelines. The court determined that defendant's family situation revealed an aggravating circumstance making this an "unusual case" not contemplated by the Guidelines. Applying the modified standard of review for such cases recently announced in United States v. Rivera, 994 F.2d 942

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