United States v. Lisa Ann Minutoli

The line between an unreviewable discretionary refusal to depart and a legal or fact-based determination that the court lacks the authority to depart in a given case is often hard to discern. This is especially so given the language that district courts are routinely using in explaining their sentencing decisions. The District Court in the instant case made the following statement regarding the departure under § 5K2.12 of the Sentencing Guidelines:

And with the coercion and duress, additionally, while I recognize my ability to depart under 5K2.12, without threat of physical injury resulting…