U.S. v. Malley, No. 01-30069 (9th Cir.) (307 F.3d 1032) (October 7, 2002) (Judge Johnnie B. Rawlinson)
This case addressed a novel argument concerning the scope and intent of the provisions of Application Note 6 (“Note 6") to U.S.S.G. § 5C1.1 (a provision entitled “Imposition of a Term of Imprisonment”). Note 6 states:
“There may be cases in which a departure from the guidelines by substitution of ...
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