U.S. v. Mora, No. 93-1058, No. 1522 (2nd Cir.) (22 F.3d 409) (April 6, 1994) (Judge Robert J. Kelleher)
In this case the district court upwardly departed based on her belief that the Sentencing Commission failed to take into account the serious problem of drug offender recidivism when formulating the supervised release guidelines. While not discussing the basis in the Guidelines for the departure, the Second Circuit affirmed the …
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