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U.S. v. D'ANGELICO

No. 03-3537.

376 F.3d 141 (2004)

UNITED STATES of America v. Anthony D'ANGELICO, Appellant.

United States Court of Appeals, Third Circuit.

July 19, 2004.

Attorney(s) appearing for the Case

Patrick L. Meehan, United States Attorney, Laurie Magid, Deputy United States Attorney for Policy and Appeals, Robert A. Zauzmer, Assistant United States Attorney, Senior Appellate Counsel, Francis C. Barbieri, Jr., Assistant United States Attorney, Office of United States Attorney, Philadelphia, for Appellee.

Maureen Kearney Rowley, Chief Federal Defender, David L. McColgin, Assistant Federal Defender, Supervising Appellate Attorney, Elaine DeMasse, Assistant Federal Defender, Senior Appellate Counsel, Defender Association of Philadelphia, Federal Court Division, Philadelphia, for Appellant.

Before AMBRO, BECKER and GREENBERG, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) June 28, 2004.

OPINION

BECKER, Circuit Judge.

This appeal by defendant Anthony D'Angelico calls upon us once again to assess whether a Guidelines sentence must be vacated and the matter remanded to the District Court because the parties have not made a clear record on whether the District Court's denial of the downward departure sought by D'Angelico-under U.S.S.G. § 5K2.13, based upon his putative mental...

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