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Criminal Law

: Puerto Rico Association of Criminal Defense Lawyers

EXTRA! EXTRA! - The First Circuit Has a Heart!

By Tom Lincoln

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United States v. Gorsuch, No. 03-2337 (1st Cir. April 19, 2005) is a case which one can reasonably see having been decided in a manner much less favorable to defendant Gorsuch. For one, the First Circuit held that the Government had forfeited its claim that a downward departure from a statutory weapons sentence was error. The Court stated:    Ordinarily, we would recognize such an error ? but this is a highly unusual case. The record suggests that Gorsuch is afflicted by a grave mental illness, except for which she probably never would have committed the crimes of which she stands convicted. The record also indicates that Gorsuch had no premeditated intention of harming anyone on the day in question, and that she is likely to be a law-abiding citizen if she takes medication to control her illness...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on April 19, 2005 (boomark / email).

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