U.S. v. Carvell, No. 95-1606 (1st Cir.) (74 F.3d 8) (January 19, 1996) (Judge Sandra L. Lynch)
This case raises a novel approach to a request for a downward departure, and explores an interesting interplay between the provisions of U.S.S.G. § 5H1.4 (which prohibits downward departures for drug "dependence" or "abuse"), and § 5K2.11 (which permits a downward departure where a defendant commits a crime "to avoid ...
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