United States First Circuit

Relying on a combination of factors, including the defendant's role as a father, his effort to make amends with his ex-wife, and appreciation for the wrongfulness of his conduct, the district court abused its discretion in granting a downward departure in sentencing the defendant, because all of the above factors have been taken into account by the Sentencing Guidelines, and none are present to such an exceptional degree so as to remove defendant from the "heartland" of cases.

Appellate Information

• Decided 04/02/2002
• Published 04/02/2002

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carmen M. Ortiz, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, were on brief, for appellant.


• For Appellees:
  
• R.J. Cinquegrana, with whom Thomas M. Griffin and Choate, Hall & Stewart were on brief, for appellee.