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U.S. v. STEVENS

No. 98-30289.

197 F.3d 1263 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Donald G. STEVENS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 2, 1999.

Attorney(s) appearing for the Case

Doug Wilson and Nina Goodman, United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

Alan Ellis and Wayne Anderson, Law Offices of Alan Ellis, Sausalito, California, for the defendant-appellee.

Before: NOONAN, THOMPSON, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

Defendant Donald G. Stevens pleaded guilty to possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). In imposing sentence, the district court departed downward under the Sentencing Guidelines, on the ground that Defendant's conduct was not within the "heartland of cases" covered by the applicable Guideline. The government appeals the district court's downward departure.1 We vacate the sentence...

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