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U.S. v. McCART

No. 03-2217.

377 F.3d 874 (2004)

UNITED STATES of America, Appellant, v. Craig David McCART, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 27, 2004.

Rehearing and Rehearing Denied September 23, 2004.

Attorney(s) appearing for the Case

Michelle E. Jones, argued, Asst. U.S. Attorney, Minneapolis, MN, for appellant.

Paul C. Engh, argued, Minneapolis, MN (Peter B. Wold of Minneapolis on the brief), for appellee.

Before BYE, HEANEY, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 23, 2004.

SMITH, Circuit Judge.

A jury convicted Craig David McCart of interstate travel with the intent to engage in a sexual act with a minor in violation of 18 U.S.C. § 2423(b). Prior to sentencing, McCart moved for downward departure pursuant to sections 5K2.0, 5K2.12 and 5K2.13 of the United States Sentencing Guidelines ("U.S.S.G."). The district court granted McCart's motion to depart downward after...

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