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U.S. v. ROMUALDI

No. 96-7113.

101 F.3d 971 (1996)

UNITED STATES of America, Appellant, v. Romeo ROMUALDI.

United States Court of Appeals, Third Circuit.

Decided December 11, 1996.

Attorney(s) appearing for the Case

David M. Barasch, United States Attorney, Theodore B. Smith, III (argued), Assistant United States Attorney, Office of United States Attorney, Harrisburg, PA, for Appellant.

Robert Sullivan, Jr. (argued), Sullivan, Sullivan & Snelling, Lebanon, PA, for Appellee.

Before: SLOVITER, Chief Judge, COWEN and ROTH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

In United States v. Bierley, 922 F.2d 1061 (3d Cir.1990), we held that a sentencing court has authority to depart downward under the Sentencing Guidelines by analogy to the adjustment for Mitigating Role in the Offense if defendant would have been entitled to that adjustment had the supplier, an undercover postal inspector, been a criminally culpable participant. In this...

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