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U.S. v. Pereira, No. 01-1303 (1st Cir.) (272 F.3d 76) (December 3, 2001) (Judge Juan R. Torruella)

In a significant decision, the First Circuit adopted a new per se rule in this case for determining when a downward departure at sentencing is permissible based on exceptional family circumstances pursuant to the provisions of U.S.S.G. ยง 5H1.6. Under the new rule, a district court must find that the ...

 

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