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U.S. v. GRIER

No. 07-3507.

585 F.3d 138 (2009)

UNITED STATES of America v. Calvin GRIER, III, Appellant.

United States Court of Appeals, Third Circuit.

Filed: October 26, 2009.

Attorney(s) appearing for the Case

William A. Behe [Argued] Office of United States Attorney, Harrisburg, PA, for Appellee.

Edward J. Rymsza, III [Argued], Miele & Rymsza, Williamsport, PA, for Appellant.

Before: SLOVITER and HARDIMAN, Circuit Judges and POLLAK District Judge.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal requires us to interpret the United States Sentencing Guidelines (USSG) as applied to Calvin Grier III, who was deemed a career offender under USSG § 4B1.1. The District Court—following the guidance of the United States Probation Office—held it had discretion to grant Grier a downward departure under USSG § 4A1.3 as to his criminal...

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