The following excerpt is from U.S. v. Ray, 930 F.2d 1368 (9th Cir. 1991):
The need to avoid unwarranted sentencing disparities among codefendants involved in the same criminal activity has long been considered a legitimate sentencing concern. United States v. Capriola, 537 F.2d 319, 320-21 (9th Cir.1976). Disparity was said to be one of the most important evils the guidelines were intended to cure. We hold in this case, on these unusual facts, that the district court acted within its discretion in departing downward from the sentencing range mandated by the guidelines.
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