Abstract
Congress intended to promote fairness in sentencing by creating the Federal Sentencing Guidelines. Thus, a sentencing judge may "depart" from the rigid and mandatory Guidelines when faced with a circumstance not adequately considered by the Sentencing Commission. This Note examines departure under the Guidelines and a recent District of Columbia Circuit Court of Appeals decision which sets a dangerous precedent by holding that a basis for departure may be deemed adequately considered and eliminated through negative implication.
How to Cite
36 Ariz. L. Rev. 265 (1994)
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