Downward departure definition

Downward departure means departure that effects a sentence less than a sentence that could be imposed under the applicable guideline range or a sentence that is otherwise less than the guideline sentence. "Depart downward" means grant a downward departure.
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Downward departure means a downward dispositional departure or a downward durational departure under the rules of the Oregon Criminal Justice Commission.
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Downward departure means departure that effects a sentence less than the sentence recommended by the applicable guideline range . "Depart downward" means grant a downward departure.
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Examples of Downward departure in a sentence

  • Downward departure rates between fiscal years 1991 and 2001 consistently have been less than ten percent for the six districts with the lowest downward departure rates (Eastern Kentucky, South Carolina, Western Virginia, Maine, Western Arkansas, and Southern West Virginia).83 See Figure 5.

  • Downward departure rates varied, however, in the other high rate districts of Eastern Washington, Southern California, New Mexico, and Eastern New York during the same period.

  • In arguing no disparate treatment occurred, it points out Mr.Villalva was charged with different crimes than Ms. Granados, including different drugs and drug quantities, and, in his plea agreement, Mr. Villalva did not havethe “expectation that a Motion for Downward departure would be filed,” which, in turn, Ms. Granados’s plea agreement contemplated.

  • Downward departure offenders only in the higher CHCs (III, IV, V, and VI) have recidivism rates below the rates for within guideline offenders.

  • Hamilton) (S.D.W.Va.)– [Sentencing] [Downward departure & variance] [Standard of review]; Defendant, a middle school teacher, pled guilty to possessing child pornography.

  • Downward departure (K.S.A. 21-6818(a)) for a crime of extreme sexual violence (K.S.A. 21-6815)?IF YES, PLEASE COMPLETE SEX OFFENSE SUPPLEMENT AND ATTACH IT TO JOURNAL ENTRY.

  • Mass, 2002): Downward departure from sentencing guidelines was justified for model citizen doing everything he could to rehabilitate himself.

  • See §1B1.4 (Information to be Used in Imposing a Sentence (Selecting a Point Within the Guideline Range or Departing from the Guidelines)).* * * Option 2 (Downward departure): §1B1.3. Relevant Conduct (Factors that Determine the Guideline Range) * * * Application Notes:Commentary * * * 10.

  • Downward departure rates cannot be explained by county size or location.

  • Downward departure for overstated criminal historyDefendant sought a downward departure for overstated criminal history pursuant to USSG §4A1.3. USSG §4A1.3 provides for downward departures generally:If reliable information indicates that the defendant’s criminal history category substantially over-represents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes, a downward departure may be warranted.USSG §4A1.3(b)(1).


More Definitions of Downward departure

Downward departure means a downward dis- positional departure or a downward durational depar- ture under the rules of the Oregon Criminal Justice Commission.
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Related to Downward departure

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