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U.S. v. WITHROW

No. 94-9061.

85 F.3d 527 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Malcolm Benoni WITHROW, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 13, 1996.

Attorney(s) appearing for the Case

R. Gary Spencer, Federal Defender Program, Inc., Atlanta, GA, for appellant.

Kent Alexander, U.S. Atty., William R. Toliver, Asst. U.S. Atty., Atlanta, GA, for appellee.

Before BIRCH, Circuit Judge, and CLARK and WEIS, Senior Circuit Judges.

BIRCH, Circuit Judge:

Malcolm Benoni Withrow appeals the sentence he received following a plea of guilty to the offense of armed robbery of a motor vehicle. See 18 U.S.C. § 2119. He contends that the district court erroneously declined to depart downward on the ground that Withrow's offense conduct constituted a single, aberrational act. Whether a district court has the discretion to depart downward based on a factual determination that the defendant's...

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