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U.S. v. CLARK

No. 92-3189.

8 F.3d 839 (1993)

UNITED STATES of America, Appellant, v. Frank Dave CLARK, a/k/a Tink.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 1993.

Attorney(s) appearing for the Case

John R. Fisher, Asst. U.S. Atty., argued the cause for appellant. With him on the briefs were J. Ramsey Johnson, U.S. Atty., and James A. Meade, Asst. U.S. Atty., Elizabeth Trosman entered an appearance.

A.J. Kramer, Federal Public Defender, argued the cause for appellee. With him on the brief was Michael C. Wallace, Sr., Asst. Federal Public Defender.

Before MIKVA, Chief Judge, WALD and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Appellee Frank Clark was convicted after a bench trial of one count of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) (1988), and one count of unlawful possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1) (1988). At sentencing, the district court departed downward from the prescribed Federal Sentencing Guidelines...

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