U.S. v. JOHNSON

No. 97-5574.

155 F.3d 682 (1998)

UNITED STATES of America, Appellee, v. William JOHNSON, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 9, 1998.


Attorney(s) appearing for the Case

Rocco C. Cipparone, Jr., Haddon Heights, NJ, for Appellant.

Faith S. Hochberg, United States Attorney, Amanda Haines, Assistant United States Attorney, Newark, NJ, for Appellee.

Before: STAPLETON, ROSENN, Circuit Judges and RESTANI, Court of International Trade.


Submitted Under Third Circuit LAR 34.1(a) July 20, 1998.

OPINION OF THE COURT

RESTANI, Judge, Court of International Trade:

The issue on appeal is whether the United States Sentencing Guidelines (hereinafter "U.S.S.G." or "Sentencing Guidelines") allow a downward adjustment in offense level for a defendant's minor role in a crime when the career offender provision applies. The district court held that because the Defendant was a career offender under...

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