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U.S. v. Diaz-Diaz, No. 97-1287 (8th Cir.) (135 F.3d 572) (February 2, 1998) (Judge Roger L. Wollman)

The Court in this case affirmed a downward departure granted to the defendant on the grounds that his prior felony conviction drastically overstated the seriousness of the underlying crime for purposes of the 16 level enhancement in § 2L1.2.

Here the Court permitted district courts to depart on the basis …

 

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