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U.S. v. Drew, No. 97-2528WM (8th Cir.) (131 F.3d 1269) (December 22, 1997) (Judge George G. Fagg)

Here the Court vacated a downward departure that was based in part on the defendant's vulnerability to abuse in prison, reasoning that such a departure was inappropriate based on the defendant's average size and good health.

In Court rejected a downward departure in this case based on the defendant's alleged ...

 

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