U.S. v. Thomas, No. 93-3867 (6th Cir.) (49 F.3d 253) (March 16, 1995) (Judge James L. Ryan)
In this case, the defendant moved for a downward departure at sentencing pursuant to U.S.S.G. § 5H1.4 based on the fact that he was HIV positive, although he has not yet developed AIDS. In rejecting that request, the Court cited at length from, and adopted the holding in, U.S. v. …
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