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U.S. v. O'Hagan, No. 94-3714 (8th Cir.) (139 F.3d 641) (April 1, 1998) (Judge David R. Hansen)

Disagreeing with U.S. v. McHan, 101 F.3d 1027, 1040 (4th Cir. 1996), the Court held that a district court has the authority under § 5K2.0 to depart downward to reflect a discharged state sentence taken into account in calculating the offense level.

 

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