United States Eleventh Circuit

District court erroneously departed downward in sentencing defendant after a drug conspiracy conviction, where departures for factual circumstances (defendant's criminal history, diminished capacity, and disparity of other suspects' sentences) were inappropriate as a matter of law.

Appellate Information

• Decided 04/23/2002
• Published 04/23/2002

Judges

• HULL, Circuit Judge:, Before HULL, MARCUS and FARRIS , Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Madeleine R. Shirley, Asst. U.S. Atty., Carol E. Herman, Anne R. Schultz, Miami, FL, for U.S., Roderick D. Vereen,Vereen & Pena, P.A., Miami, FL, for Smith.