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U.S. v. WILLIAMS

No. 00-10629.

282 F.3d 679 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Joacko WILLIAMS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 4, 2002.

Attorney(s) appearing for the Case

Thomas E. Flynn, Assistant United States Attorney, Sacramento, CA, for the appellant.

Danny D. Brace, Jr., Sacramento, CA, for the appellee.

Before: CANBY, HAWKINS and GOULD, Circuit Judges.

OPINION

CANBY, Circuit Judge.

The government appeals a criminal sentence. The district court departed downward from defendant Joacko Williams's applicable sentencing guidelines range because of its view that Williams would have received a lesser sentence had he been prosecuted in state court, as the district court believed he should have been. The United States contends that the district court abused its discretion in departing on this ground. We agree,...

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