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U.S. v. MUMMERT

No. 94-7119.

34 F.3d 201 (1994)

UNITED STATES of America, Appellee, v. H. Jay MUMMERT, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 8, 1994.

Attorney(s) appearing for the Case

Joshua D. Lock (Argued), Harrisburg, PA, for appellant.

David M. Barasch, U.S. Atty., Martin C. Carlson (Argued), Asst. U.S. Atty., Harrisburg, PA, for appellee.

Before: BECKER and ALITO, Circuit Judges and BRODY, District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

H. Jay Mummert, who pled guilty to a fraud offense, took this appeal to challenge the district court's calculation of his sentence under the Sentencing Guidelines and the district court's denial of his request for a downward departure. We hold that the district court did not err in calculating Mummert's sentence under the Guidelines, but we remand for furtheproceedings concerning Mummert's downward departure request...

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