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U.S. v. MORRISON

No. 94-1288.

46 F.3d 127 (1995)

UNITED STATES, Appellee, v. Robert A. MORRISON, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided February 3, 1995.

Attorney(s) appearing for the Case

Owen S. Walker, Federal Defender Office, Boston, MA, for appellant.

David J. Apfel, Asst. U.S. Atty., with whom Donald K. Stern, U.S. Atty., Boston, MA, was on brief, for appellee.

Before CYR and STAHL, Circuit Judges, and DiCLERICO, District Judge.

DiCLERICO, District Judge.

Defendant-appellant Robert A. Morrison challenges the sentence imposed following his guilty plea to robbery charges. Morrison does not dispute that the sentence is within the Guideline Sentencing Range ("GSR") required under the United States Sentencing Guidelines ("Guidelines" or "U.S.S.G."). He claims, however, that the court mistakenly believed it lacked authority to depart below the GSR and seeks...

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