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U.S. v. Smith, No. 02-1606 (2nd Cir.) (331 F.3d 292) (June 9, 2003) (Judge Pierre N. Leval)

In this brief decision, the Second Circuit rather sharply rebuked Judge McKenna of the S.D.N.Y. for granting the defendant a downward departure based on family circumstances, pursuant to U.S.S.G. ยง 5H1.6. The defendant, Shawn Smith, pled guilty to possession of a gun by a convicted felon. His adjusted Guideline offense ...

 

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