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U.S. v. KELLY

No. 93-2202.

18 F.3d 612 (1994)

UNITED STATES of America, Appellee, v. Lershawn Vincent KELLY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Virginia Villa of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Jeffrey Paulsen, Assistant U.S. Attorney, of Minneapolis, MN.

Before LOKEN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HANSEN, Circuit Judge.

HANSEN, Circuit Judge.

Lershawn Vincent Kelly appeals the district court's1 denial of his motions for a downward departure and to withdraw his guilty plea. Kelly moved for a downward departure from the mandatory minimum 20-year sentence applicable to him, contending that the government breached the written plea agreement by refusing to so move in spite of Kelly's assertion that he fully cooperated to the best of his ability in accordance...

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