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U.S. v. GARTNER

No. 4:CR97-3070.

5 F.Supp.2d 1060 (1998)

UNITED STATES of America, Plaintiff, v. Steven F. GARTNER, Defendant.

United States District Court, D. Nebraska.

May 14, 1998.

Attorney(s) appearing for the Case

Alan Everett, Asst. U.S. Atty., Lincoln, NE, for Plaintiff.

Kirk E. Naylor, Jr., Lincoln, NE, for Defendant.

MEMORANDUM AND ORDER

KOPF, District Judge.

This matter is before me to consider the motion for departure submitted by the defendant. (Filings 14 and 17). Evidence was presented at an evidentiary hearing held on May 7, 1998. I will grant the motion for departure. My reasons for doing so are set forth in this memorandum.

I. Background

Pursuant to an agreement, the defendant entered his plea of guilty to possessing a machine gun in violation...

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