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U.S. v. Brechner, No. 95-1649, No. 1449 (2nd Cir.) (99 F.3d 96) (November 1, 1996) (Judge Pierre N. Leval)

Here the Court reversed the lower court's granting of a motion to enforce a downward departure after the Government refused to make the motion, since the defendant had lied about his own criminal activities which affected his credibility as a witness.

In this case the Court observed that "the government ...

 

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