United States DC Circuit

The district court properly refused a downward departure to mitigate the effect of a conviction which was likely in violation of the Fourth Amendment as interpreted by the Supreme Court years after that conviction became final.

Appellate Information

• Argued 10/18/2002
• Decided 12/27/2002
• Published 12/27/2002

Judges

• Before:  GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David W. Bos, Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A. J. Kramer, Federal Public Defender.  Robert L. Tucker, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• Mary B. McCord, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief was Roscoe C. Howard, Jr., U.S. Attorney, John R. Fisher, Elizabeth Trosman, and Wan J. Kim, Assistant U.S. Attorneys.