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U.S. v. MARTIN

No. 90-10446.

938 F.2d 162 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Frederick Nels MARTIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 9, 1991.

Attorney(s) appearing for the Case

Larry Kupers, argued, and Deborah A. de Lambert, signed the briefs, Asst. Federal Public Defenders, San Francisco, Cal., for defendant-appellant.

Rory K. Little, argued, and Steven F. Gruel, signed the brief, Asst. U.S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before ALARCON, KOZINSKI and RYMER, Circuit Judges.

RYMER, Circuit Judge:

Frederick Martin requested a downward departure from the guideline sentencing range because of his participation in a post-arrest, pre-sentencing drug rehabilitation program. He also asked the district court to allow his sentence to be served in a drug rehabilitation facility instead of prison. The court declined to depart on the ground it lacked power to do so. We agree and affirm.

I

Martin was arrested for bank robbery. At...

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