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U.S. v. COLACE

No. 96-50436.

126 F.3d 1229 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Thomas COLACE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 10, 1997.

Attorney(s) appearing for the Case

Benjamin Jones and Miriam A. Krinsky, Assistant United States Attorneys, Los Angeles, California, for plaintiff-appellant.

Guy C. Iversen, Deputy Federal Public Defender, Los Angeles, California, for defendant-appellee.

Before: BROWNING, FLETCHER and KOZINSKI, Circuit Judges.

KOZINSKI, Circuit Judge.

We journey into the twilight zone of the Sentencing Guidelines and explore the outer limits of the district court's authority to depart downward on account of aberrant behavior.

I

Defendant Michael Thomas Colace committed at least twelve separate bank robberies over a two-month period.1 He entered a plea to seven counts of armed robbery which, given his lack of criminal history, resulted in a...

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