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U.S. v. BERGER

No. 95-50564.

103 F.3d 67 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. James A. BERGER, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 13, 1996.

Attorney(s) appearing for the Case

Gretchen Fusilier, Carlsbad, California, for defendant-appellant.

Miriam A. Krinsky, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellee.

Before: PREGERSON, BOOCHEVER, and REINHARDT, Circuit Judges.

BOOCHEVER, Circuit Judge:

James A. Berger, Jr. was resentenced on remand from this court, for three narcotics counts and one count of using a firearm during a drug trafficking crime. He claims the resentencing court erroneously believed it did not have the discretion to depart downward on two grounds: that his career offender classification overrepresented his criminal history, and that the sentencing guidelines for cocaine base are disproportionately harsh in comparison...

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