U.S. v. Rojas, No. 93-5127 (11th Cir.) (47 F.3d 1078) (March 16, 1995) (Judge Joseph Woodrow Hatchett)
This case is cited because it discusses in some detail the rarely used provision of the Guidelines, § 5K2.11, which permits downward departures for "lesser harms", i.e. where the conduct may not cause or threaten the harm or evil sought to be prevented by the particular criminal statute.
Court reversed …
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