United States v. Terry Lynn Winters

RHESA HAWKINS BARKSDALE,

Circuit Judge, dissenting:

A district court is entrusted with discretion to determine which .cases present extraordinary circumstances warranting a downward departure from the Sentencing Guidelines. Accordingly, we are required to give substantial deference to such decisions. Because the majority has failed to do so, and, in addition, has misread the reasons given at resentencing for the downward departure, I respectfully dissent.

To set the stage, three parameters bear noting: first, the district judge, in making a downward departure, is, as noted, entitled to…