The following excerpt is from U.S. v. Olson, 977 F.2d 593 (9th Cir. 1992):
These two cases concerned departures from the sentencing guidelines on the basis of the dismissed charges. Here, the information was not used to depart from the determined sentencing range, rather it was used to calculate the appropriate sentencing range. See United States v. Fine, No. 90-50280, slip op. at 11079 (9th Cir. Sept. 14, 1992).
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