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U.S. v. Hasan, No. 8:92CR12-6 (D.Neb.) (41 F.Supp.2d 1004) (March 10, 1999) (Judge Richard G. Kopf)

The Court held that when a defendant appeals a sentence based on a retroactive amendment to the Guidelines, the court has the authority to consider a downward departure based on new circumstances, such as extraordinary rehabilitation.

This is an interesting and well-reasoned decision which addresses the power of the court ...

 

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