United States v. Darton

How courts have described this case

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

• stating that “a departure only exists apart from the applicable guideline range; there is no such thing as a departure to the applicable guideline range”
• “[T]he range upon which a sentence is ‘based’ is, as a matter of law, the range produced ... prior to any discretionary departures.” (emphasis added)
• “[T]he range upon which a sentence is ‘based’ is, as a matter of law, the range produced . . . prior to any discretionary departures.” (emphasis added)
• “The justification for a downward departure has no bearing on the fact that a departure is, as a matter of law, a sentence outside the ‘applicable guideline range.’”
• “The justification for a downward departure has no bearing on the fact that a departure is, as a matter of law, a sentence outside the ‘applicable guideline range.’ ”
• “[A] departure only exists apart from the applicable guideline range.”

Source: CourtListener parenthetical corpus (CC0).