U.S. v. Weinberger, No. 95-5665 (4th Cir.) (91 F.3d 642) (August 2, 1996) (Judge J. Harvie III Wilkinson)
Although the Court noted that some Circuits have approved "extraordinary forfeitures" as a valid basis for a downward departure, it rejected any downward departures on those grounds as erroneous as a matter of law.
In this case the Fourth Circuit reversed a three-level downward departure under U.S.S.G. § 5K2.0 granted ...
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