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U.S. v. FLOYD

No. 06-1513.

499 F.3d 308 (2007)

UNITED STATES of America v. Bennae FLOYD, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 27, 2007.

Attorney(s) appearing for the Case

John A. Abom (Argued), Abom & Kutulakis, Carlisle, PA, for Appellant.

Christy H. Fawcett, Lorna N. Graham (Argued), Office of the United States Attorney, Harrisburg, PA, for Appellee.

Before: SCIRICA, Chief Judge, FUENTES and CHAGARES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

In this sentencing appeal, the District Court granted a downward departure on account of Bennae Floyd's substantial assistance to the government, but sentenced her within the originally calculated Guidelines range. In doing so, the Court departed from a previously imposed sentence that we vacated in a prior appeal. For the reasons that follow, we will again vacate and remand for resentencing.

I. Factual...

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