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U.S. v. Lewis, No. 00-2247 (8th Cir.) (249 F.3d 793) (May 10, 2001) (Judge Donald D. Alsop)

Under U.S.S.G. § 5K2.11 (a “Policy Statement” that is entitled “Lesser Harms”), a sentencing court is permitted to depart downward from the otherwise applicable sentencing range under two separate and distinct circumstances: (a) when a defendant commits a crime “in order to avoid a perceived greater harm”; and (b) when ...

 

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