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U.S. v. KALB

No. 95-3342.

105 F.3d 426 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Stephen N. KALB, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1997.

Rehearing and Suggestion for Rehearing Denied March 27, 1997.

Attorney(s) appearing for the Case

Patrick J. Reinert, argued, Cedar Rapids, Iowa, for Appellant.

Jeffrey P. Taylor, argued, Cedar Rapids, Iowa, for Appellee.

Before BOWMAN, BRIGHT, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 27, 1997.*

LOKEN, Circuit Judge.

After Stephen Kalb pleaded guilty to participating in a methamphetamine manufacturing conspiracy, the district court granted a downward sentencing departure under U.S.S.G. § 5K2.0. The government appeals, arguing that Kalb's conduct was not a "single act of aberrant behavior" warranting the departure. Concluding that this is no longer...

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