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U.S. v. Rooney, No. CR-04-55-B-W (D.Me.) (370 F.Supp.2d 310) (January 11, 2005) (Judge John A. Jr. Woodcock)

Although this is a pre-Booker decision that was just published, it is noted because of its detailed discussion of the Guidelines’ “lesser harms” defense that is contained in U.S.S.G. § 5K2.11. That elusive provision states in part:

“Sometimes, a defendant may commit a crime in order to avoid a perceived ...

 

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