No. 93-5176.

64 F.3d 638 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel A. RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 21, 1995.

Attorney(s) appearing for the Case

Eric M. Cohen, Miami, FL, for appellant.

Kendall B. Coffey, U.S. Atty., Carol Herman, Lisa T. Rubio, Linda Collins Hertz, Asst. U.S. Attys., Miami, FL, for appellee.

Before COX, Circuit Judge, HILL and REYNALDO G. GARZA, Senior Circuit Judges.


In this case we must decide whether, under the federal sentencing guidelines, a district court may grant a downward departure based on the defendant's acceptance of responsibility when U.S.S.G. § 5G1.1(a)1 prevents the acceptance of responsibility adjustment from reducing the defendant's actual sentence.

Facts and Procedural History

Appellant Samuel Rodriguez...

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