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U.S. v. Mishoe, No. 00-1243 (2nd Cir.) (241 F.3d 214) (February 23, 2001) (Judge Jon O. Newman)

Although this case also dealt with “horizontal departures,” more than anything else, it represents a disquieting example of the power struggle between the Justice Department and the judiciary over who has the final right to fix and determine the sentences that are imposed in criminal cases. The defendant in this ...

 

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