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053526P.pdf 07/20/2006 USA v. Mark Lee
U.S. Court of Appeals Case No: 05-3526
Eastern District of Missouri
[PUBLISHED] [Smith, Author, with Arnold and John R. Gibson, Circuit Judges]
Criminal case - Sentencing. District court adequately articulated
its reasoning for imposing a 54% variance, however, given the factual
record, the court clearly erred by basing its variance primarily upon
defendant's age and history of drug abuse as the record shows his
characteristics in these areas are not exceptional and do not justify
the variance.