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U.S. v. WINTERS

No. 96-2941.

117 F.3d 346 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin WINTERS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 1997.

Attorney(s) appearing for the Case

Barry Rand Elden, Chief of Appeals, Office of the United States Attorney, Criminal Appellate Division, David E. Bindi (argued), Chicago, IL, for plaintiff-appellee.

Andrea E. Gambino (argued), Office of the Federal Defender Program, Chicago, IL, for defendant-appellant.

Before BAUER, CUDAHY, and MANION, Circuit Judges.

BAUER, Circuit Judge.

Kevin Winters pleaded guilty to unlawful distribution of firearms and was sentenced to forty-six months' imprisonment. In imposing Winters' sentence, the district court refused to grant a downward departure despite a substantial assistance motion by the government. On appeal, Winters challenges his sentence, claiming that the district court misconstrued its authority to depart downward under U.S.S.G...

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