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U.S. v. WINTER

No. 93-1769.

22 F.3d 15 (1994)

UNITED STATES of America, Appellant, v. Howard T. WINTER, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 25, 1994.

Attorney(s) appearing for the Case

Fred M. Wyshak, Jr., Asst. U.S. Atty., with whom A. John Pappalardo, U.S. Atty., Boston, MA, was on brief, for appellant.

Richard M. Egbert, Boston, MA, with whom MaryEllen Kelleher, New Bedford, MA, was on brief, for appellee.

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

SELYA, Circuit Judge.

It is common wisdom that the past is prologue, foreshadowing the future. When convicted criminals rise to be sentenced in a federal court, the career offender guideline, U.S.S.G. § 4B1.1, imbues that aphorism with a special meaning.1 In such a setting, however, all past crimes are not regarded as equal; the guideline is fueled only by previous felony convictions for crimes of violence and controlled substance...

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