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Federal Judiciary

: Second Circuit Sentencing Blog

Why No Criminal History Downward Departure?

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United States v. Ortiz-Portalatin, No. 08-CR-352 (JBW), 2009 WL 763355 (E.D.N.Y. March 13, 2009)

Because the standards are looser, I've always been a big fan of criminal history downward departures.  And it seems that Ortiz-Portalatin was a good candidate for earning one.  His criminal history category was IV, and the Court recognized at sentencing that he "has a medical condition that may have contributed to his prior convictions for crimes committed prior to its diagnosis."  Did defense counsel just not make the motion?

Full post as published by Second Circuit Sentencing Blog on March 26, 2009 (boomark / email).

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