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U.S. v. Perez, No. 96-2042 (1st Cir.) (160 F.3d 87) (November 23, 1998) (Per Curiam)

In this case the en banc Court split evenly on the issue of whether a convicted defendant who meets the statutory definition of "career offender" may receive a downward departure under ยง 4A1.3 based on "smallness" of predicate crimes.

In this case the defendant had two prior state drug convictions ...

 

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