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U.S. v. AULD

No. 01-10669.

321 F.3d 861 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Vince A. AULD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 3, 2003.

Attorney(s) appearing for the Case

Donna M. Gray, Office of the Federal Public Defender, Honolulu, Hawaii, for the appellant.

Tracy A. Hino, Office of the United States Attorney, Honolulu, Hawaii, for the appellee.

Before BRIGHT, HAWKINS and W. FLETCHER, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge:

The defendant-appellant in this case is subject to a statutorily required minimum sentence that exceeds the otherwise applicable guideline sentence. The question presented, one of first impression in this circuit, is whether a downward departure pursuant to 18 U.S.C. § 3553(e) and U.S.S.G. § 5K1.1 should begin from the higher statutorily required minimum sentence, or from the lower otherwise applicable...

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