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UNITED STATES v. ALEGRIA

No. 98-1976.

192 F.3d 179 (1999)

UNITED STATES of America, Appellee, v. Jose E. ALEGRIA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 30, 1999.

Attorney(s) appearing for the Case

Alan M. Dershowitz, with whom Nathan Z. Dershowitz, Amy Adelson, and Dershowitz & Eiger, P.C. were on brief, for appellant.

Jorge E. Vega-Pacheco, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, and Nelson Perez-Sosa, Assistant United States Attorney, were on brief, for appellee.

Before Selya, Boudin and Lipez, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires us, inter alia, to explore the circumstances in which the government may be compelled to move for a downward departure under USSG § 5K1.1. We conclude that the district court did not err either in refusing to force the government to take such action or in any other material respect. Consequently, we affirm.

I

A federal grand jury indicted defendant-appellant Jose E. Alegria on sixteen counts of filing...

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