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U.S. v. BUSH

No. 95-4993.

126 F.3d 1298 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Wilma Earlene BUSH Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 23, 1997.

Attorney(s) appearing for the Case

Thomas A. Blair, Asst. U.S. Atty., Ft. Pierce, FL, Michael R. Tein, Linda Collins Hertz, Dawn Bowen, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellant.

Kathleen M. Williams, Federal Public Defender, Brenda Bryn, Asst. Federal Public Defender, Ft. Lauderdale, FL, for Defendant-Appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and O'NEILL, Senior District Judge.

PER CURIAM:

The United States Sentencing Commission guidelines provide for a two-level enhancement of a sentence for embezzlement "if the offense involved more than minimal planning." United States Sentencing Commission, Guidelines Manual, § 2B1.1(b)(4)(A) (1995). The guidelines also allow a court to depart from guideline sentencing and sentence an offender to probation, even though incarceration would otherwise be required, when the offense is deemed...

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