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U.S. v. Kapitzke, No. 97-1540 (8th Cir.) (130 F.3d 820) (December 9, 1997) (Judge George G. Fagg)

The Eight Circuit vacated a downward departure in this case granted in part on the basis that incarceration would place a terrible financial burden on the wife. It stated that "even if divorce is an unmentioned factor rather than a discouraged factor, 'the disintegration of existing family life or relationships ...

 

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