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U.S. v. Arce, No. 96-20983 (5th Cir.) (118 F.3d 335) (July 18, 1997) (Judge Carolyn Dineen King)

This is one of the rare cases that discusses the broad reach of § 1B1.4. The defendant in this case received an upward sentence departure in large part because the court considered, and used, conduct that was not illegal as a basis for an upward departure. The conduct in question …

 

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