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U.S. v. WINTERS

No. 98-60181.

174 F.3d 478 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Terry Lynn WINTERS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 23, 1999.

Attorney(s) appearing for the Case

Louis Emmanuel Peraertz, Dennis J. Dimsey, U.S. Dept. of Justice, Appellate Section, Civil Rights Div., Washington, DC, for Plaintiff-Appellant.

James Preston Vance, Grenada, MS, for Defendant-Appellee.

Before GARWOOD, BARKSDALE and STEWART, Circuit Judges.

STEWART, Circuit Judge:

Winters was convicted of violations of 18 U.S.C. § 242 (depriving an individual of his civil rights under color of law), 18 U.S.C. § 924(c) (use of a firearm during and in relation to a crime), and 18 U.S.C. § 1503 (obstruction of justice). The district court departed downward from the United States Sentencing Guidelines at sentencing. The government appealed. This court held that the district court abused its discretion in sentencing...

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