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U.S. v. MALLEY

No. 01-30069.

307 F.3d 1032 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Darrin E. MALLEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2002.

Attorney(s) appearing for the Case

Anthony R. Gallagher, Federal Defender, Great Falls, MT, for defendant-appellant Darrin E. Malley.

David G. Dennis (argued), Marcia Good Sept (briefed), Assistant United States Attorneys, Great Falls, MT, for plaintiff-appellee United States of America.

Before HALL, TASHIMA and RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge.

In this appeal, we must determine whether Application Note 6 of § 5C1.1 of the United States Sentencing Guidelines ("Note 6") provides independent authority for the district court to depart downward from the applicable guideline sentencing range. We think not.

FACTUAL BACKGROUND

Malley pled guilty to three counts involving transporting, receiving and possessing child pornography, and agreed to a fourth count for the...

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