Legal Opinion

United States v. Kim

District Court, S.D. New York

Decided April 7, 2004No. 03 CRIM.774 VMPublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

MARRERO, District Judge.

Defendant Grace Kim (“Kim”), who pled guilty to bank fraud, moves for a downward departure from the otherwise applicable sentencing guidelines range of 30 to 37 months on the following grounds: (1) diminished capacity; (2) extraordinary mental and emotional circumstances; (3) extraordinary acceptance of responsibility; (4) post-offense rehabilitation; and (5) the combination of these factors. For the following reasons, the motion is denied.

I. BACKGROUND

Over a period of about three and one-half years, Kim, a part-time bookkeeper, forged 54 of her…

2Cases cited12 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. United States v. Philip PrescottCourt of Appeals for the Second Circuit · 1990
  3. Playboy Enterprises, Inc. v. DumasDistrict Court, S.D. New York · 1997
  4. United States v. Susie Vela and Jose Luis VelaCourt of Appeals for the Fifth Circuit · 1991
  5. United States v. Beverly MaierCourt of Appeals for the Second Circuit · 1992

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3Cited by1 opinion

  1. Kim v. United StatesDistrict Court, S.D. New York · 2006

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