Downward Departure Handbook Information

The Downward Departure Handbook is a compilation of case law, weighted heavily toward Second Circuit, SDNY, and EDNY cases, dealing with grounds for downward departure in sentencing.

Since the number of unenumerated grounds is really infinite (as the Supreme Court held in Koon, any factor not adequately considered by the Sentencing Commission can be a ground for departure), I found it useful as a clerk to have in one place all the grounds for departure which had been approved by the Court of Appeals (or at least not reversed). I made the handbook available to other clerks, and intend to keep updating it, every so often, and maybe find a law review to publish it in eventually. The Sentencing Guidelines often result in unjustly harsh sentences, and it is my hope that this handbook can help some defendants avoid unjust sentences.

 

The information in the handbook has not been updated since April 2002.  Due to significant changes in sentencing law since that date, the handbook is likely to contain out-of-date law in some areas.  I will update the handbook when I have free time to do so.

 

The downward departure handbook is a Word Perfect document.

 

To download it, right-click the link below and select the “Save target as” option.

 

Click here to download the Downward Departure Handbook.