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U.S. v. Applegate

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


September 27, 1991

UNITED STATES OF AMERICA, APPELLEE
v.
EDWARD A. APPLEGATE, APPELLANT

Appeal from the United States District Court for the District of New Jersey; D.C. Criminal No. 90-00351-01; District Judge: Honorable Alfred J. Lechner, Jr.

Becker and Hutchinson, Circuit Judges and Fullam, District Judge.*fn*

JUDGMENT ORDER

After considering the contentions raised by appellant, to wit, that:

1. The district court's exercise of discretion in refusing to reduce a sentence below the sentencing guidelines should be reviewable by the Court of Appeals; and

2. The district court, having imposed a sentence greater than that necessary to implement the purposes of the sentencing guidelines, has abused its discretion;

the judgment of the district will be AFFIRMED. To the extent that appellant challenges the district court's exercise of discretion in refusing a downward departure, the appeal will be dismissed. See United States v. Denardi, 892 F.2d 269 (3d Cir 1989).


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