U.S. v. Frazier, No. 02-1824 (1st Cir.) (340 F.3d 5) (August 18, 2003) (Judge Kermit A. Lipez)
Here the Court held that “there is nothing in the language of the PROTECT Act which limits its applicability to downward departures” and thus it concluded that “§ 401(d) of the PROTECT Act applies to [its] review of upward as well as downward departures in cases pending on direct review ...
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