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U.S. v. DONAGHE

No. 93-30058.

37 F.3d 477 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel William DONAGHE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1994.

Attorney(s) appearing for the Case

Sheryl Gordon McCloud, Seattle, WA, for defendant-appellant.

Sean Connelly, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee.

Before: BROWNING, NORRIS, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the district court based its upward departure from the Sentencing Guidelines on proper factors and explained adequately the extent of its departure.

I

On November 21, 1988, Samuel Donaghe was sentenced for making a false statement in a passport application in violation of 18 U.S.C. § 1542. The district court did not apply the Sentencing Guidelines, because it was unclear at that time whether...

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