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U.S. v. Barber, No. 95-5238 (4th Cir.) (119 F.3d 276) (July 14, 1997) (Judge William W. Jr. Wilkins)

This is a significant decision about upward departures, which holds that encouraged departures may not be used to increase a sentence if the conduct is already taken into account by the crime of conviction, unless present to an extraordinary degree.

The defendants in this case pled guilty to second degree ...

 

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