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U.S. v. MOORE-BEY

No. CRIM. A. 95-00319.

981 F.Supp. 688 (1997)

UNITED STATES of America v. Samuel B. MOORE-BEY, Defendant.

United States District Court, District of Columbia.

October 6, 1997.

Attorney(s) appearing for the Case

Reita Pauline Pendry, Federal Public Defender for D.C., Washington, DC, for Samuel Bertrell Moore.

Stephen Pierce Anthony, U.S. Dept. of Justice, Public Integrity Section, Washington, DC, for U.S.

OPINION

SPORKIN, District Judge.

This matter comes before the Court on Defendant's 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct Sentence. Defendant argues first that the Court failed to exercise its discretion to grant a downward departure for "diminished capacity" under the United States Sentencing Guidelines ("U.S.S.G.") and second, that Defendant's criminal history was overrepresented under the Guidelines. For the reasons stated...

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