United States Ninth Circuit

Prior to departing downward for aberrant behavior under U.S.S.G. section 5K2.20, a sentencing court must find both that the case is extraordinary and that the behavior was aberrant under the three-factor test.

Appellate Information

• Decided 06/27/2003
• Published 06/27/2003

Judges

• Before BRUNETTI and TASHIMA, Circuit Judges, and EZRA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jerry R. Albert, Assistant United States Attorney, Tucson, Arizona, for the plaintiff-appellant.


• For Appellees:
  
• Jose M. Lerma, Tucson, Arizona, for the defendant-appellee.