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U.S. v. MARIANO

Nos. 92-1491, 92-1630.

983 F.2d 1150 (1993)

UNITED STATES of America, Appellee, v. Abel A. MARIANO, Jr., Defendant, Appellant. UNITED STATES of America, Appellee, v. Barry BUTTERWORTH, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 2, 1993.

Attorney(s) appearing for the Case

Richard J. Shea, with whom Edward C. Roy was on brief, for defendant, appellant Abel A. Mariano, Jr.

Richard A. Gonnella for defendant, appellant Barry Butterworth.

Edwin J. Gale, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., and Margaret E. Curran, Asst. U.S. Atty., were on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

SELYA, Circuit Judge.

These consolidated appeals challenge determinations made by the district court under the federal sentencing guidelines. Concluding, as we do, that the court misconstrued its authority to depart from a predetermined sentencing range in consequence of a defendant's substantial assistance, U.S.S.G. § 5K1.1 (Nov.1991), we remand for resentencing.

I. BACKGROUND

The instant appeals find their genesis in the polluted political...

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