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U.S. v. Head, No. 98-8491 (11th Cir.) (178 F.3d 1205) (June 25, 1999) (Judge Phyllis A. Kravitch)

The defendant contended that the court should have used the Guideline sentencing range - and not the mandatory minimum sentence - as the starting point for his § 5K1.1 departure - relying heavily on the language contained in Application Note 7 to § 2D1.1, which states that:

"Where a mandatory ...

 

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