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Reyes v. U.S., No. 96 Civ. 2096 (CSH) (S.D.N.Y.) (944 F.Supp. 260) (October 23, 1996) (Judge Charles S. Jr. Haight)

Following successful Bailey-type appeal, the defendant can raise issues de novo seeking a downward departure even if not raised at original sentencing.

 

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