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U.S. v. ALMAGUER

No. 97-3495.

146 F.3d 474 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto Marcelo ALMAGUER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 4, 1998.

Attorney(s) appearing for the Case

Timothy M. O'Shea, Peggy A. Lautenschlager, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Morris D. Berman, Berman Law Office, Madison, WI, for Defendant-Appellant.

Before COFFEY, MANION, and ROVNER, Circuit Judges.

MANION, Circuit Judge.

Roberto Almaguer pleaded guilty to violating 18 U.S.C. § 922(g)(1) by being a felon in possession of a firearm. The district court sentenced Almaguer outside the Guidelines range under U.S.S.G. § 5K2.0, which provides for departures for unusual circumstances not taken into account by the Sentencing Commission. The district court concluded that Almaguer's brandishing a gun in front of his seven-year-old stepson and threatening to shoot...

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