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U.S. v. McCOY

No. Crim.A. 00-335.

158 F.Supp.2d 505 (2001)

UNITED STATES of America v. James Rufus MCCOY, Jr.

United States District Court, E.D. Pennsylvania.

May 22, 2001.

Attorney(s) appearing for the Case

S. Lee Ruslander, II, West Chester, PA, for Defendant.

Albert S. Glenn, U.S. Dept. of Justice, Asst. U.S. Atty., Philadelphia, PA, for U.S.

MEMORANDUM

DALZELL, District Judge.

The sentencing hearing we conducted this day involved a technical but important question of the Sentencing Guidelines' application that our Court of Appeals has yet to address. Specifically, the question has to do with the interplay of the so-called safety valve of U.S.S.G. § 5C1.2 with the "specific offense characteristics" provisions of U.S.S.G. § 2D1.1(b)(6). As will be seen, this issue is quite consequential...

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