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EFTA00191587_sub_005 - EFTA00191587_500
(2) the district court clearly erred in finding that the victim's abil- ity to appraise or control the situation was substan- tially impaired after Denkler gave her vodka to drink, USSG § 2G1.3, comment. (n.5 (BXI)); and (3) the district court abused its discretion by depart- ing upward pursuant to USS
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