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U.S. v. CONWAY

No. 95-2232.

81 F.3d 15 (1996)

UNITED STATES of America, Appellee, v. John J. CONWAY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 11, 1996.

Attorney(s) appearing for the Case

Barry T. Albin with whom Peter A. Gaudioso and Wilentz, Goldman & Spitzer, Woodbridge, NJ, were on brief, for appellant.

Peter E. Papps, Assistant United States Attorney, orally; Donald A. Feith, Assistant United States Attorney, with whom Paul M. Gagnon, United States Attorney, and Michael J. Connolly, Assistant United States Attorney, Concord, NH, were on brief, for appellee.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and LYNCH, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

John J. Conway pled guilty to one count of conspiracy to defraud the American Honda Motor Company in violation of 18 U.S.C. §§ 1343 and 1346. He now appeals his sentence, specifically the court's refusal to grant the government's motion on his behalf for a four level downward departure for substantial assistance. U.S.S.G. 5K1.1. Normally an appeal is not available for such a broadly discretionary decision, United...

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