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U.S. v. Gaines, No. 95-2374 (6th Cir.) (122 F.3d 324) (August 8, 1997) (Judge Richard F. Suhrheinrich)

This is one of the more interesting of the many recent cases that have ruled on the controversial question of whether a district court has the authority to grant a downward departure based on the Sentencing Commission's own admission that the existing 100 to 1 crack/cocaine sentencing disparity is unfair. ...

 

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