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U.S. v. Askari, No. 95-1662 (3rd Cir.) (159 F.3d 774) (November 5, 1998) (Judge Edward R. Becker)

Based on Guideline Amendment 583, the Court reversed its prior en banc decision and held that a defendant who held his finger under his shirt to resemble a gun during a bank robbery qualified for a departure under § 5K2.13 as a non-violent offense.

Here the Court decided that: "The ...

 

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