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U.S. v. HARRINGTON

Nos. 95-30362, 95-30413.

82 F.3d 83 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Hough HARRINGTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Modified on Rehearing April 17, 1996.

Attorney(s) appearing for the Case

Josette Louise Cassiere, Assistant U.S. Attorney, Office of the United States Attorney, Robert Watts Gillespie, Jr., Shreveport, LA, for plaintiff-appellee in both cases.

J. Michael Small, Phyllis Elaine Mann, Alexandria, LA, Richard George Crane, for defendant-appellant.

Rebecca L. Hudsmith, Office of the Federal Public Defender, Shreveport, LA, for Harrington.

Before JONES, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

This appeal involves eight challenges to the district court's application of the sentencing guidelines. We reject all claims lodged against the district court's application of the guidelines except for the challenge to the upward departure. Finding the departure impermissible, we vacate and remand with instructions.

I. FACTS AND PROCEDURAL HISTORY

By way of indictment, a grand jury charged that Patrick Hough Harrington ...

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