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· 3/20/2024

Commonwealth v. Patterson, T.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • remanding because the district court erred in ruling that it lacked discretion to grant a § 5K2.13 departure
  • treating refusal to depart as based on lack of discretion when record could conceivably support such an inference
  • “The goal of the guideline is, lenity toward defendants whose ability to make reasoned decisions is impaired.”
  • \We have defined `non-violent' as the converse of a `crime of violence' under U.S.S.G. S 4B1.2(1)(I)\
  • \We have defined `non-violent' as the converse of a `crime of violence' under U.S.S.G. S 4B1.2(1)(I)\
  • departure amply supported by defendant’s Post Traumatic Stress Disorder, which resulted in nightmares, combat flashbacks, intrusive thoughts and images, anxiety, depression, rage, explosiveness, marked paranoia and extensive hospitalization

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.