U.S. v. SALDANA

No. 96-1371.

109 F.3d 100 (1997)

UNITED STATES of America, Appellee, v. Modesto SALDANA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 31, 1997.


Attorney(s) appearing for the Case

Diana L. Maldonado, Federal Defender Office, Boston, MA, for defendant, appellant.

John M. Griffin, Assistant United States Attorney, Boston, MA, with whom Donald K. Stern, United States Attorney, was on brief for the United States.

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


BOUDIN, Circuit Judge.

Modesto Saldana appeals to contest his prison sentence. He argues that delay in prosecuting him caused prejudice that should have been offset by a downward departure. The government, as usual, says that a refusal to depart is not reviewable and, in any event, was not error. The merits of the case are straightforward; what is more difficult is to bring some order to a recurring, inherently confusing issue created by an overlap between the question...

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