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U.S. v. MELENDEZ

No. 93-5755.

55 F.3d 130 (1995)

UNITED STATES of America v. Juan MELENDEZ, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 22, 1995.

Sur Petition for Rehearing June 27, 1995.

Attorney(s) appearing for the Case

Patrick A. Mullin (argued), Hackensack, NJ, for appellant.

Faith S. Hochberg, U.S. Atty., Victor Ashrafi (argued), Chief, Appeals Div., Newark, NJ, for appellee.

Before: STAPLETON and COWEN, Circuit Judges, and HUYETT, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Juan Melendez appeals his sentence. The first issue presented concerns a district court's authority to depart downward from a statutory minimum sentence based upon the defendant's substantial assistance with a criminal investigation where the government has moved under USSG § 5K1.1 for a departure below the U.S. Sentencing Guideline range but has not moved under 18 U.S.C. § 3553(e) for a departure...

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