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IN RE SEALED CASE

No. 97-3104.

204 F.3d 1170 (2000)

In re: SEALED CASE

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 2000.

Attorney(s) appearing for the Case

Evelina J. Norwinski, Assistant Federal Public Defender, argued the cause for appellant. A.J. Kramer, Federal Public Defender, Carmen D. Hernandez and Reita Pendry, Assistant Federal Public Defenders were on the briefs.

Elizabeth H. Danello, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Wilma A. Lewis, U.S. Attorney, John R. Fisher and Patricia Stewart, Assistant U.S. Attorneys.

Before: EDWARDS, Chief Judge, GINSBURG and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In In re Sealed Case No. 97-3112 (Sentencing Guidelines' "Substantial Assistance"), 181 F.3d 128 (D.C.Cir.1999) (in banc), the court held that a district court may not invoke § 5K1.1 of the U.S. Sentencing Guidelines ("U.S.S.G." or "the Guidelines") to sentence a criminal defendant below the guideline range for the prescribed offense except...

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