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U.S. v. D'AMARIO

Nos. 02-2371 & 02-3250.

350 F.3d 348 (2003)

UNITED STATES of America, Appellant v. Arthur D'AMARIO.

United States Court of Appeals, Third Circuit.

Filed November 20, 2003.

Attorney(s) appearing for the Case

Christopher J. Christie, United States Attorney, George S. Leone, Chief, Appeals Division, Deborah L. Goldklang (Argued), Newark, NJ, for Appellant.

Lori M. Koch (Argued), Assistant Federal Public Defender, Camden, NJ, for Appellee.

Before: ALITO, ROTH, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge.

This appeal requires us to review a downward departure from the sentence prescribed by the United States Sentencing Guidelines.1 The defendant, Arthur D'Amario, was convicted of violating 18 U.S.C. § 115(a)(1)(B) by threatening to kill a federal judge with the intent to impede, intimidate, and interfere with the judge while engaged in the performance of official duties, and with...

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