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U.S. v. Nieves-Velez, No. Crim. No. 10-244 (PG) (D.Puerto Rico) (28 F.Supp.3d 131) (June 26, 2014) (Judge Juan M. Perez-Gimenez)

This is a rare and interesting sentencing decision in which a Federal judge actually granted the defendant a downward departure based on “sentencing factor manipulation” - a factor that the Court said occurs “when the government 'improperly enlarge[s] the scope or scale of [a] crime' to secure a longer sentence ...

 

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