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U.S. v. STUART

No. 04-11018 Non-Argument Calendar.

384 F.3d 1243 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Donald Wayne STUART, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 14, 2004.

Attorney(s) appearing for the Case

Robert M. Brennan, Amy Lee Copeland, Savannah, GA, for Plaintiff-Appellant.

Richard M. Darden, Darden, Burns & Burns, LLP, Savannah, GA, for Defendant-Appellee.

Before CARNES, HULL and PRYOR, Circuit Judges.

PER CURIAM:

This appeal by the government presents two issues, the first of which is an issue of first impression in this Circuit: (1) whether the district court erred in granting a downward departure for preindictment delay; and (2) whether the district court erred in granting a downward departure for extraordinary postoffense rehabilitative efforts when the defendant had a criminal history category of I. Because there is no evidence that the defendant was prejudiced...

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