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U.S. v. WEINBERGER

No. 95-5665.

91 F.3d 642 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Lewis WEINBERGER, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 2, 1996.

Attorney(s) appearing for the Case

ARGUED: Brian Lee Whisler, Assistant United States Attorney, Charlotte, North Carolina, for Appellant. Richard Blair Fennell, James, McElroy & Diehl, Charlotte, North Carolina, for Appellee. ON BRIEF: Kenneth D. Bell, Acting United States Attorney, Charlotte, North Carolina, for Appellant. Edward T. Hinson, Jr., Charlotte, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, and HAMILTON and LUTTIG, Circuit Judges.

Vacated and remanded for resentencing by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge HAMILTON and Judge LUTTIG joined.

OPINION

WILKINSON, Chief Judge:

In this case we review the district court's downward departure under the United States Sentencing Guidelines (U.S.S.G.) based on appellee's exposure to civil forfeiture. Because we conclude that exposure to civil forfeiture is not a valid basis for departure under the...

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