U.S. v. Fowlkes, No. 4:01CR000163-01 GH (E.D.Ark.) (183 F.Supp.2d 1136) (January 18, 2002) (Judge George Jr. Howard)
This decision addresses one of those classic conflicts between two inconsistent provisions of Federal sentencing law, namely 18 U.S.C. §§ 3561(a)(1) and 3553(e). Section 3561(a)(1) [and U.S.S.G. § 5B1.1(b)(1)] provide that a sentence of probation may not be imposed in a case where the defendant has been convicted of a ...
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