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Article • March 1, 1996 • from P&J March, 1996
U.S. v. Londono, No. 95-1332, No. 546 (2nd Cir.) (76 F.3d 33) (January 5, 1996) (Judge Dennis G. Jacobs) by As expected, the Second Circuit reverses another decision by Judge Weinstein, in which he granted a downward departure under the Guidelines so that the defendant and his wife could have …
Article • November 1, 1995
U.S. v. Blackwell, No. 94-301-LFO (D.D.C.) (897 F.Supp. 586) (August 9, 1995) (Judge Louis F. Oberdorfer) by Case held that combination of factors, including finding of aberrant behavior, palpably diminished capacity and significant family circumstances warranted a downward departure.
Article • June 1, 1995
U.S. v. Adler, No. 94-1436 (2nd Cir.) (52 F.3d 20) (April 6, 1995) (Per Curiam) by
Article • January 1, 1995
U.S. v. Lopez-Aguilar, No. 93-CR-209 (E.D.N.Y.) (886 F.Supp. 305) (May 16, 1995) (Judge Jack B. Weinstein) by In this case Judge Weinstein rules that fertility problems of a defendant and his wife, who was in her thirties, constituted "extraordinary family circumstances" under § 5H1.6 of the Guidelines, and warranted a …
Article • January 1, 1995
U.S. v. Rose, No. CR 94-243 (JBW) (E.D.N.Y.) (885 F.Supp. 62) (May 17, 1995) (Judge Jack B. Weinstein) by United States v. Chambers, 885 F.Supp. 12 (D.D.C. 1995) United States v. Rose, 885 F.Supp. 62 (E.D.N.Y. 1995) Here are two Guideline departure cases that are bound to be appealed. In …
Article • January 1, 1995
U.S. v. Naugle, No. CR 92-815 (E.D.N.Y.) (879 F.Supp. 262) (March 17, 1995) (Judge Jack B. Weinstein) by While this case theoretically involves the propriety of a downward departure under § 5H1.6 of the Guidelines (special family needs), it really is just another saga in the continuing battle between Judge …
Article • January 1, 1994
U.S. v. Canoy, No. 93-3315 (7th Cir.) (38 F.3d 983) (October 20, 1994) (Judge Ilana Diamond Rovner) by Here, following the Supreme Court's decision in Koon v. U.S.. 518 U.S. 81 (1996), the Seventh Circuit recognized that extraordinary family circumstances could be a proper basis for departure under U.S.S.G. § …
Article • January 1, 1994
U.S. v. Chambers, No. Crim. No. 91-107 (D.D.C.) (885 F.Supp. 12) (May 4, 1995) (Judge Stanley Sporkin) by Here the Court approved a downward departures based on family circumstances, stating that justice would not be served by placing a 24 year old mother of two minot children in jail for …
Article • January 1, 1994
U.S. v. Dyce, No. 93-219 (D.D.C.) (874 F.Supp. 1) (October 27, 1994) (Judge Stanley Sporkin) by In this case, Judge Sporkin gave a young mother a sentence of 60 months probation instead of 60 months imprisonment, based on the "totality of circumstances" including extraordinary family circumstances.
Article • January 1, 1994
U.S. v. Monaco, No. 93-5261 (3rd Cir.) (23 F.3d 793) (May 10, 1994) (Judge Richard L. Nygaard) by The Court stated: "We do not believe that by promulgating U.S.S.G. § 5H1.6, the Sentencing Commission foreclosed the possibility of a downward departure in this extraordinary situation. That section specifically states that …
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