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U.S. v. Clary, No. 94-1422 (8th Cir.) (34 F.3d 709) (September 12, 1994) (Judge John R. Gibson)

Here the 8th Circuit reversed Judge Cahill's bulliant decision reported at 846 F.Supp. 768 in which he granted a substantial downward departure because of the "unconscious racism" that led to the crack-cocaine penalties.

 

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