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113165P.pdf   11/08/2012  United States  v.  Efrain Longarica
   U.S. Court of Appeals Case No:  11-3165
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Loken, Author, with Smith and Benton, Circuit Judges]
Criminal case - Sentencing. Defense counsel's passing reference to a four-level departure that would be available in Fast-Track districts did not require the district court to acknowledge, sua sponte, that it would have discretion to take this factor into account in determining whether to grant defendant's request for an even greater downward variance on other grounds; nor did the reference take into account that Sec. 5K3.1 departures in Fast-Track districts must be made upon motion of the government following a number of steps and requirements.