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U.S. v. Connelly, No. 97-30233 (9th Cir.) (156 F.3d 978) (September 18, 1998) (Judge Edward C. Jr. Reed)

Judge Reinhardt argued that the defendant's three uncounted prior frauds (involving between $2000 and $28,000) were not "serious enough" to warrant the departure granted - and he objected to the majority's ruling that the upward departure was "justified purely on the basis of the Defendant's likelihood of recidivism" - arguing ...

 

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