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U.S. v. PHILLIPS

No. 95-8850.

120 F.3d 227 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Robert PHILLIPS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 22, 1997.

Attorney(s) appearing for the Case

Kent B. Alexander, U.S. Atty., Amy Levin Weil, Asst. U.S. Atty., Atlanta, GA, for Plaintiff-Appellant.

Robert E. Wilson, Glass, mcCullough, Sherrill & Harrold, Atlanta, GA, for Defendant-Appellee.

Before CARNES, Circuit Judge, and HENDERSON and GIBSON, Senior Circuit Judges.

CARNES, Circuit Judge:

The district court has sentenced Robert Phillips three times in this case, the government has appealed twice, and this is the third time the case has been before this Court. Technically speaking, this appeal presents issues involving the law of the case doctrine, the career offender sentencing guidelines, and downward departure. More broadly speaking, this is one of those cases in which the district judge struggles against the constraints of...

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