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U.S. v. Delvalle, No. 95 CR 1120 (JBW) (E.D.N.Y.) (967 F.Supp. 781) (July 11, 1997) (Judge Jack B. Weinstein)

Despite the fact that the Guidelines only mention "single acts of aberrant behavior"in an introductory comment that pertains only to probation and split sentences (see, U.S.S.G. Ch. 1, Pt. A, intro. comment. 4(d)), the use of aberrant behavior as a permissible departure grounds continues to appear in many cases. To ...

 

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