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U.S. v. Staufer, No. 93-50173 (9th Cir.) (38 F.3d 1103) (October 26, 1994) (Judge Dorothy Wright Nelson)

In this case, the Ninth Circuit ruled that sentencing entrapment may be relied upon as a basis for a downward departure under the Guidelines. The Court noted that a Government agent can "negotiate with somebody for an ounce, a pound, a kilo, 100 kilos, a million kilos of a substance …

 

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