U.S. v. PELKEY

No. 93-2236.

29 F.3d 11 (1994)

UNITED STATES, Appellee, v. Mae Linh PELKEY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 14, 1994.


Attorney(s) appearing for the Case

Marc Chretien, by Appointment of the Court, with whom Chretien & Schmitt, Manchester, NH, was on brief for appellant.

Jean B. Weld, Asst. U.S. Atty., with whom Paul M. Gagnon, U.S. Atty., Concord, NH, was on brief for appellee.

Before TORRUELLA and STAHL, Circuit Judges, and CARTER, District Judge.


GENE CARTER, Chief District Judge.

In this appeal, Defendant Mae Linh Pelkey challenges the district court's upward departure from the Sentencing Guidelines. After considering Defendant's argument, we vacate the sentence and remand for resentencing.

I. FACTS

On July 17, 1993, Appellant Mae Linh Pelkey pled guilty in United States District Court in Concord, New Hampshire, to a criminal information charging three counts of mail fraud, 18 U.S...

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