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Blankenship v. U.S., No. 97-2299 (8th Cir.) (159 F.3d 336) (October 6, 1998) (Judge David R. Hansen)

Here the appellant argued that his cousel was ineffective for failing to move for a downward departure based on the vistim's conduct in provoking an assault. While the Court agreed that the victim had wrongfully started or provoked a confrontation outside the appellant's home, it noted that he was not ...

 

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