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U.S. v. ANONYMOUS DEFENDANT

No. 10-1033.

629 F.3d 68 (2010)

UNITED STATES of America, Appellee, v. ANONYMOUS DEFENDANT, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 22, 2010.

Attorney(s) appearing for the Case

Felicia H. Ellsworth , by appointment of the court, with whom Paul R.Q. Wolfson and Wilmer Cutler Pickering Hale and Dorr LLP, were on brief, for appellant.

Seth R. Aframe , Assistant United States Attorney, with whom John P. Kacavas , United States Attorney, was on brief, for appellee.

Before BOUDIN, SELYA and STAHL, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires that we perform two separate but related tasks. First, we must clarify the effect of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), on our pre-Booker case law that narrowly circumscribed the reviewability of sentencing courts' discretionary departure decisions. Second, we must assess the bona fides of a sentence that the defendant claims is...

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