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U.S. v. WEBB

No. 96-9176.

139 F.3d 1390 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony Wayne WEBB, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 30, 1998.

Attorney(s) appearing for the Case

Paul Stephen Kish, Fed. Defender Program, Inc., Atlanta, GA, for Defendant-Appellant.

Russell Vineyard, Asst. U.S. Atty., Atlanta, GA, for Plaintiff-Appellee.

Before TJOFLAT, BIRCH and MARCUS, Circuit Judges.

BIRCH, Circuit Judge:

Anthony Wayne Webb appeals the 262-month sentence he received following his conviction for attempted robbery of mail matter, 18 U.S.C. § 2114(a). In vacating Webb's sentence and remanding this case for resentencing, we decide, in an issue of first impression in this circuit, that a district court has the authority under the Sentencing Guidelines to exercise its discretion to grant a request for downward departure with respect

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