Seeking for Righteousness

The Personal Blog of Kaimi Wenger

Downward Departure Handbook

The Downward Departure Handbook is a compilation of case law, weighted heavily toward Second Circuit, SDNY, and EDNY cases, dealing with grounds for downward departure in sentencing.

Since the number of unenumerated grounds is really infinite (as the Supreme Court held in Koon, any factor not adequately considered by the Sentencing Commission can be a ground for departure), I found it useful as a clerk to have in one place all the grounds for departure which had been approved by the Court of Appeals (or at least not reversed). I made the handbook available to other clerks, and intend to keep updating it (perhaps annually) and maybe find a law review to publish it in eventually. (It has not been updated for several months — such is the life of a Cravath associate). The Sentencing Guidelines often result in unjustly harsh sentences, and it is my hope that this handbook can help some defendants avoid unjust sentences.

handbook.htm

Please feel free to e-mail me with any disagreements, comments, additions, subtractions, etc.

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January 14, 2003 - Posted by | Uncategorized

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