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U.S. v. Hasan, No. 99-2102 (8th Cir.) (245 F.3d 682) (April 3, 2001) (Judge David R. Hansen)

Here a divided en banc court held that, when resentencing a defendant in light of a retroactive amendment to the Guidelines, a district court may not grant a defendant a downward departure based on extraordinary post-sentence rehabilitation.

This case deals with the propriety of using a defendant’s exemplary prison conduct ...

 

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