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U.S. v. O'BRIEN

No. 93-8291.

18 F.3d 301 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. John Derek O'BRIEN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied April 20, 1994.

Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Asst. U.S. Atty., James H. Dealty, Acting U.S. Atty., San Antonio, TX, for U.S.

Dick DeGuerin, Deguering & Dickson, Houston, TX, for defendant-appellee.

Before HIGGINBOTHAM and WIENER, Circuit Judges, and KAUFMAN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 20, 1994.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We conclude that John O'Brien's postconviction community service did not justify a downward departure and remand for resentencing.

I.

John O'Brien pled guilty in 1990 to charges of conspiracy and possession with intent to distribute more than fifty marijuana plants. 21 U.S.C. §§ 841(a)(1) & 846. The probation officer...

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