Punch and Jurists

U.S. v. Dyce, No. 94-3171 (D.C. Cir.) (78 F.3d 610) (March 8, 1996) (Judge James L. Buckley) by In a decision in which the D.C. Circuit overruled Judge Sporkin's granting of a downward departure based on extraordinary family and other circumstances, the Court also addressed the issue of aberrant behavior. …

U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer) by In this case the court approves a substantial downward departure under Guideline § 5K2.0 for a defendant who possessed 303 grams of crack. Noting that the defendant (a) possessed a very low IQ …

U.S. v. Catucci, No. 94-1195 (1st Cir.) (55 F.3d 15) (May 24, 1995) (Judge Conrad K. Cyr) by Case held that a downward departure based on aberrant behavior unless the crime was a spontaneous and seemingly thoughtless act rather than one which was the result of substantial planning. This case …

U.S. v. Partee, No. 93-1448 (7th Cir.) (31 F.3d 529) (August 3, 1994) (Judge Daniel A. Manion) by Here the Court held that for conduct to qualify as "aberrant behavior" within the meaning of the Guidelines, the criminal conduct must be something in the nature of a spontaneous, sudden, or …

U.S. v. Lam, No. 92-50321 (9th Cir.) (20 F.3d 999) (March 31, 1994) (Judge Ferdinand F. Fernandez) by In this case the Court ruled that the district court had erred by concluding that it did not have the authority to grant a sentence departure based on aberrant conduct - but …