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U.S. v. BRADY

No. 89-30074.

928 F.2d 844 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Leon BRADY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 18, 1991.

Attorney(s) appearing for the Case

Vernon E. Woodward, Billings, Mont., for defendant-appellant.

Klaus P. Richter, Asst. U.S. Atty., Billings, Mont., for plaintiff-appellee.

Before WALLACE, Chief Judge, PREGERSON and D.W. NELSON, Circuit Judges.

PREGERSON, Circuit Judge:

Leon Brady was convicted of voluntary manslaughter and assault with a dangerous weapon. He appeals the legality of his sentence, contending that its terms impermissibly depart from the Federal Sentencing Guidelines. We conclude that the sentence imposed is incompatible with the Guidelines. We therefore vacate the sentence and remand this matter for further proceedings consistent with this opinion.

BACKGROUND

Charles Brady...

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