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U.S. v. Castellanos, No. 03-1036 (2nd Cir.) (355 F.3d 56) (December 1, 2003) (Judge Jon O. Newman)

Here, clarifying and somewhat amplifying its earlier decision in U.S. v. Gonzalez, 281 F.3d 38 (2nd Cir. 2002), the Second Circuit held that under U.S.S.G. § 5K2.20, the “absence or presence of spontaneity alone never determines whether criminal conduct is aberrant behavior. A non-spontaneous criminal act might be aberrant behavior. ...

 

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