[Download] "United States v. Maier" by United States Court of Appeals for the Second Circuit " Book PDF Kindle ePub Free
eBook details
- Title: United States v. Maier
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 23, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
JON O. NEWMAN, Circuit Judge: This appeal by the Government of a sentence that results from a downward departure under the Sentencing Guidelines poses a significant and recurring issue as to the bounds of a district court's sentencing discretion in selecting an appropriate sentence for a drug addict endeavoring to end her addiction. The issue arises on the Government's appeal from the February 21, 1992, judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge) sentencing defendant Beverly Maier to four years' probation after her conviction of one count of selling heroin. See United States v. Maier, 777 F. Supp. 293 (S.D.N.Y. 1991). We conclude that a defendant's rehabilitative efforts can, in an appropriate case, warrant a downward departure, and that the findings of the District Court, adequately supported by the record, justify the departure in this case. We therefore affirm.
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