United States v. Russell

870 F.2d 18 (1989) | Cited 57 times | First Circuit | March 30, 1989


Before Campbell, Chief Judge, Coffin, Senior Circuit Judge, and Bownes, Circuit Judge

In answer to our Memorandum and Order entered on March 14, 1989, the district court made the following response:

In response to the request of the Court of Appeals for the First Circuit that this court inform the judges "whether or not it recognized, at the time that it imposed sentence that it had the discretion to make a downward departure from the guideline range", my answer is in the affirmative. I declined to exercise discretion, for the reason that I was of opinion that that I should not go below the minimum set by the guidelines.

Accordingly, we affirm the defendant's sentence.

So ordered.

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