United States v. Marine

Because the facts of this case do not support a downward departure for family ties and responsibilities under the clear rule of the Guideline and this Circuit’s precedent, I DISSENT.

I

The Guideline clearly makes departure for “family ties and responsibilities” a discouraged factor. U.S.S.G. § 5H1.6. It is only appropriate in “exceptional cases” and if “present to an exceptional degree.” U.S.S.G. § 5K2.0(a)(4) and cmt. (3)(C). Given this explicit direction, this Circuit has consistently refused to grant a downward departure based on a parent’s obligation to a child because there is nothing…