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U.S. v. Johnson, No. 97-1057 (8th Cir.) (121 F.3d 1141) (July 15, 1997) (Judge Gerald W. Heaney)

Relying on Burns v. U.S., 501 U.S. 1 (1991), the Court vacated a 72 month departure for an unusually cruel and heinous crime, because the defendant was never given any notice of the departure.

 

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