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U.S. v. NELSON

Crim. No. 4-89-14.

717 F.Supp. 682 (1989)

UNITED STATES of America, Plaintiff, v. Donald Gene NELSON, Defendant.

United States District Court, D. Minnesota, Fourth Division.

August 1, 1989.

Attorney(s) appearing for the Case

Jerome Arnold, U.S. Atty., John M. Lee, Asst. U.S. Atty., Minneapolis, Minn., for plaintiff.

Earl P. Gray, St. Paul, Minn., for defendant.

MEMORANDUM AND ORDER

DOTY, District Judge.

This matter is before the Court upon defendant's motion for a departure from the statutory minimum sentence specified by 21 U.S.C. § 841(b)(1)(B). The Court denied that motion at the time of sentencing but has filed the present memorandum for the purpose of clarifying its reasons for doing so.

Defendant plead guilty to one count of attempting to possess with intent to distribute approximately one kilogram...

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