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U.S. v. Morin, No. 95-5242 (4th Cir.) (80 F.3d 124) (April 5, 1996) (Judge J. Harvie III Wilkinson)

In this case the Court rejected a downward departure under U.S.S.G. ยง 5K2.10, based on provocation by the victim's conduct, in part due to a lack of evidence of that conduct and in part based on the disproportionality of the defendant's conduct.

In this case, the defendant was found guilty ...

 

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