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U.S. v. AHLERS

Nos. 01-2570, 01-2571.

305 F.3d 54 (2002)

UNITED STATES of America, Appellee, v. John Andrew AHLERS, Defendant, Appellant. United States of America, Appellee, v. Peter Jordan Ahlers, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 30, 2002.

Attorney(s) appearing for the Case

Gordon R. Blakeney, Jr. for appellant John Andrew Ahlers.

David Kreisler, with whom Daniel G. Lilley Law Offices, P.A., was on brief, for appellant Peter Jordan Ahlers.

Margaret D. McGaughey, Assistant United States Attorney (Appellate Chief), with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before SELYA, Circuit Judge, GIBSON and GREENBERG, Senior Circuit Judges.

SELYA, Circuit Judge.

After pleading guilty to crimes that carry a statutorily imposed minimum sentence, John Andrew Ahlers and Peter Jordan Ahlers asked the district court to consider departing below that minimum based on grounds unrelated to their substantial assistance to the authorities. The district court ruled that it lacked the authority, under 18 U.S.C. § 3553(e), to honor this request. Armed with nothing but the sharp point of statutory language, the...

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