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U.S. v. DEWIRE

No. 01-1257.

271 F.3d 333 (2001)

UNITED STATES of America, Appellee, v. Charles DEWIRE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 16, 2001.

Attorney(s) appearing for the Case

Matthew H. Feinberg with whom Matthew A. Kamholtz and Feinbert & Kamholtz were on brief for appellant.

James F. Lang, Assistant United States Attorney, with whom James B. Farmer, United States Attorney, was on brief for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and STEARNS, District Judge.

STEARNS, District Judge.

Defendant-appellant Charles Dewire pled guilty to using a means of interstate commerce to induce a minor to engage in a sexual act, in violation of 18 U.S.C. § 2422(b). Dewire thereafter moved for a downward departure on grounds of aberrant behavior. The district court refused to depart and imposed a sentence of one year and a day, the minimum authorized by the Sentencing Guidelines. Dewire appeals, arguing: (1) that the district court...

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