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U.S. v. Solis, No. 97-20273 (5th Cir.) (169 F.3d 224) (March 8, 1999) (Judge John M. Jr. Duhé)

This is an interesting case in which three judges, Judges Duhé, Smith and Wiener, executed a near-perfect flip-flop. In their earlier decision (reported at 161 F.3d 281 (Solis I), (see P&J, 1/4/99) those Judges flatly held that “even where the government files no motion [for a downward departure based on ...

 

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