hkieffer
10-14-2004, 09:55 AM
Big sentencing win for defendants
Applying de novo review (ala Feeney), the Ninth Circuit yesterday affirmed a district court's departing downward based on the disparity between co-defendants' sentences. United States v. Tzoc-Sierra, No. 03-10490 (http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8F6242D35B4B77A588256F2B007B1746/$file/0310490.pdf?openelement), at *14524 (9th Cir., Oct. 13, 2004) ("A downward departure to equalize sentencing disparity is a proper ground for departure under the appropriate circumstances, so long as the codefendant used as a barometer for judging the disparity was convicted of the same offense as the defendant.")
Applying de novo review (ala Feeney), the Ninth Circuit yesterday affirmed a district court's departing downward based on the disparity between co-defendants' sentences. United States v. Tzoc-Sierra, No. 03-10490 (http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8F6242D35B4B77A588256F2B007B1746/$file/0310490.pdf?openelement), at *14524 (9th Cir., Oct. 13, 2004) ("A downward departure to equalize sentencing disparity is a proper ground for departure under the appropriate circumstances, so long as the codefendant used as a barometer for judging the disparity was convicted of the same offense as the defendant.")