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U.S. v. Pankhurst, No. 96-20563 (5th Cir.) (118 F.3d 345) (July 18, 1997) (Judge Rhesa Hawkins Barksdale)

In this case the Fifth Circuit joined four other Circuits in holding that, just as the defendant must receive advance notice of a upward departure, the Government is entitled to receive advance notice of a downward departure. (See, U.S. v. Alba, 933 F.2d 1117 (2nd Cir. 1117); U.S. v. Maddox, ...

 

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