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to contain out-of-date law in some areas.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.