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U.S. v. SCHWEITZER

No. 92-5713.

5 F.3d 44 (1993)

UNITED STATES of America v. Allen SCHWEITZER, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 16, 1993.

Attorney(s) appearing for the Case

David W. Fassett (argued), Arseneault, Donohue, Sorrentino & Fassett, Chatham, NJ, for appellant.

Michael Chertoff, U.S. Atty., Edna B. Axelrod (argued), Eric L. Muller, Asst. U.S. Atty., Newark, NJ, for appellee.

Before: STAPLETON, HUTCHINSON and ROTH, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Allen Schweitzer pleaded guilty to conspiring to bribe a public official in order to secure confidential information held by the Social Security Administration ("SSA"). He here appeals from a sentence of fourteen months imprisonment imposed as a result of an upward departure from the Guideline range. Because one of the factors cited by the district court to justify its upward departure was not relevant to Schweitzer...

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