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  5. 865 F.Supp. 1353 (1994)
 

U.S. v. VUE

No. 4:CR93-3073.

865 F.Supp. 1353 (1994)

UNITED STATES of America, Plaintiff, v. Ngia Xiong VUE and Vang Ver Vue, Defendants.

United States District Court, D. Nebraska.

October 27, 1994.

Attorney(s) appearing for the Case

Paul D. Boeshart and Sara E. Fullerton, Asst. U.S. Attys., Lincoln, NE, for plaintiff.

Alan G. Stoler, Omaha, NE, for defendant Vang Ver Vue.

D. Kirk Wolgamott, Lincoln, NE, for defendant Ngia Xiong Vue.

MEMORANDUM AND ORDER

KOPF, District Judge.

The unusual question in this case, before the court on the defendants' motions for downward departure (Filings 77 and 80), is whether section 5K2.0, p.s., of the United States Sentencing Commission Guidelines Manual (U.S.S.G.) permits a departure in a drug case involving a significant amount of opium where: (1) both perpetrators are war refugees who fled their homeland...

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