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Federal Courts -
8th Circuit Court of Appeals - February 1, 2006
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United States v. Simmons, No. 03-3119,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 1, 2006, Filed
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Overview: Where trial court denied defendant a downward departure in sentence based on, inter alia, the high likelihood of recidivism, defendant's violent tendencies, and defendant's continued criminal conduct in response to other courts' efforts to show leniency, record did not support finding that trial court's Booker error prejudiced defendant.
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