U.S. v. JORDI

No. 04-14046.

418 F.3d 1212 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Stephen John JORDI, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 1, 2005.


Attorney(s) appearing for the Case

Jonathan D. Colan, Anne R. Schultz, Asst. U.S. Atty., Miami, FL, for U.S.

Beatriz Galbe Bronis, Anne M. Lyons and Michael David Spivack, Asst. Fed. Pub. Defenders, Kathleen M. Williams, Fed. Pub. Def., Miami, FL, for Jordi.

Before DUBINA and WILSON, Circuit Judges, and COOGLER, District Judge.


COOGLER, District Judge:

I. Introduction.

The government appeals the district court's denial of its request for an upward departure pursuant to Application Note 4 of U.S.S.G. § 3A1.4. The district court denied the request, concluding that the government had failed to demonstrate that the defendant's crime transcended national boundaries and that such was required before it could consider the requested departure. This Court has not previously...

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