United States v. Chase

I concur in the Court’s judgment, but I write separately because I would remand on a more limited basis. I would remand solely because of the district court’s apparent reliance on our cases requiring “extraordinary physical impairment” for a departure based on a defendant’s health to deny Chase’s request for a variance based on his health.

Subsequent to the sentencing hearing, our court affirmed another district court’s refusal to grant a downward variance by referring to the “extraordinary physical impairment” standard for health departures set forth in U.S.S.G. § 5H1.4. Charles, 531 F.3d at…