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U.S. v. WEBB

No. 97-3059.

134 F.3d 403 (1998)

UNITED STATES of America, Appellant, v. Alvin WEBB, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1998.

Attorney(s) appearing for the Case

Thomas J. Tourish, Jr., Assistant U.S. Attorney, Washington, DC, argued the cause for appellant, with whom Mary Lou Leary, U.S. Attorney, Washington, DC, and John R. Fisher, Assistant U.S. Attorney, were on the briefs.

Evelina J. Norwinski, Assistant Federal Public Defender, Washington, DC, argued the cause for appellee, with whom A.J. Kramer, Federal Public Defender, was on the briefs. William G. Spencer, Assistant Federal Public Defender, Washington, DC, entered an appearance.

Before: GINSBURG, HENDERSON, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Defendant Alvin Webb pleaded guilty to distribution of more than 50 grams of crack cocaine. When sentencing Webb, the district court departed downward from the sentencing range specified in the United States Sentencing Guidelines chiefly due to Webb's addiction to drugs but also due in part to the Government's decision not to arrest Webb earlier, when he had made small sales to...

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