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U.S. v. BENNETT

No. 95-1051.

60 F.3d 902 (1995)

UNITED STATES of America, Appellant, v. George S. BENNETT, Jr., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 31, 1995.

Attorney(s) appearing for the Case

William P. Stimson, Asst. U.S. Atty., with whom Donald K. Stern, U.S. Atty., was on brief, Boston, MA, for appellant.

Morris M. Goldings, with whom John F. Aylmer, Jr. and Mahoney, Hawkes & Goldings, were on brief, Boston, MA, for appellee.

Before SELYA, CYR and BOUDIN, Circuit Judges.

CYR, Circuit Judge.

Following our remand for resentencing in United States v. Bennett, 37 F.3d 687 (1st Cir.1994) ("Bennett I"), which vacated a downward adjustment for acceptance of responsibility, the district court determined that the defendant's restitutionary effort — an element in its initial downward adjustment ruling — nonetheless warranted a downward departure from its recalculated...

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