(October 27, 2003)
Full Report on Downward Departures (Available in Adobe .PDF)
or
Individual Chapters Listed Below downloadable in Adoble PDF Format
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A. |
Sentencing Documentation Submission |
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B. |
Departure Information Contained in Statement of Reasons |
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C. |
PROTECT Act Remedies |
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A. |
Trends in Downward Departures |
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1. |
Judicial Districts |
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2. |
Offense Type |
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3. |
Citizenship |
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4. |
Downward Departure Reasons |
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B. |
Analysis of Downward Departure Reasons |
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1. |
Fast Track |
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2. |
Deportation |
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3. |
General Mitigating Circumstances (§5K2.0) |
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4. |
Pursuant to Plea Agreement |
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5. |
Criminal History (§4A1.3) |
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6. |
Aberrant Behavior (§5K2.20) |
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7. |
Family Ties and Responsibilities (§5H1.6) |
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8. |
Diminished Capacity (§5K2.13) |
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9. |
Chapter Two Departures |
Chapter 4 - CONTRIBUTIONS TO THE INCREASING RATE OF CASES SENTENCED BELOW THE GUIDELINE RANGE |
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A. |
Appellate Review of Sentences |
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1. |
Impact of Koon v. United States |
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2. |
PROTECT Act Remedies |
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3. |
Greater Emphasis on Appeals by the Department of Justice |
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B. |
Role of the Government at Sentencing. |
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1. |
Government Initiated Downward Departures |
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2. |
PROTECT Act Remedy |
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C. |
Early Disposition or Fast Track Programs |
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1. |
Impact of Increasing Immigration Offense Caseload |
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2. |
Extent of Fast Track Programs |
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3. |
Early Disposition Programs Pursuant to the PROTECT Act |
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D. |
Assessing Downward Departures in a Broader Context |
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Chapter 5 - COMMISSION ACTIONS TO REDUCE THE INCIDENCE OF DOWNWARD DEPARTURES |
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A. |
Recent Commission Actions Prior to Enactment of the PROTECT Act |
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B. |
Implementation of the PROTECT Act within 180 Days of Enactment |
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1. |
General Features of the Emergency Amendment |
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2. |
Revisions to §5K2.0 (Grounds for Departure) |
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3. |
Revisions to Chapter Five, Part H (Specific Offense Characteristics) |
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4. |
Revisions to Chapter Five, Part K (Departures) |
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5. |
Revisions to Chapter Four (Criminal History) |
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6. |
Revisions to Chapter Six (Sentencing Procedures and Plea Agreements) |
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7. |
Revisions to Chapter One (Introduction and General Application Principles) |
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8. |
Creation of §5K3.1 ( Early Disposition Programs) |
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C. |
Commission Actions to Reduce Incidence of Departures Beyond 180 Day Time Frame of the PROTECT Act |
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APPENDIX - A. Commission Emergency Amendment Effective October 27, 2003 |
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