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U.S. v. BRENNICK

No. 96-1969.

134 F.3d 10 (1998)

UNITED STATES of America, Appellant, v. John A. BRENNICK, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 20, 1998.

Attorney(s) appearing for the Case

Stephen G. Huggard, Special Assistant United States Attorney, Washington, DC, whom Donald K. Stern, United States Attorney, was on brief for the United States.

Scott P. Lopez, Sharon, MA, by appointment of the court, with whom Terry Philip Segal and Burns & Levinson LLP, Boston, MA, were on brief for appellee.

Before BOUDIN, Circuit Judge, GODBOLD and CYR, Senior Circuit Judges.

BOUDIN, Circuit Judge.

John Brennick was convicted of various offenses centered around his failure to pay over to the Treasury income and social security taxes withheld from his employees' paychecks. The district court calculated the range of imprisonment fixed by the sentencing guidelines at 41 to 51 months but then departed downward and imposed a sentence of 13 months' imprisonment. The government now appeals, arguing that the downward departure was error.

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