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U.S. v. DORSEY

No. 94-5654.

61 F.3d 260 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin DORSEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1995.

Attorney(s) appearing for the Case

ARGUED: Donna M. D'Alessio, Asst. Federal Public Defender, Baltimore, MD, for appellant. Stephen S. Zimmerman, Asst. U.S. Atty., Greenbelt, MD, for appellee. ON BRIEF: James K. Bredar, Federal Public Defender, Baltimore, MD, for appellant. Lynne A. Battaglia, U.S. Atty., Barbara Skalla, Asst. U.S. Atty., Greenbelt, MD, for appellee.

Before WILKINS and LUTTIG, Circuit Judges, and JOSEPH F. ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part and dismissed in part by published opinion. Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge ANDERSON joined.

OPINION

WILKINS, Circuit Judge:

Marvin Dorsey appeals his sentence, asserting that the district court erred in concluding that it lacked the authority to depart on the basis of what he characterizes as his "substantial assistance to the judicial system" and in misunderstanding its authority to depart on the...

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