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· 7/22/2005

United States v. Tammy Brady

Citations

  • 417 F.3d 326
  • 2005 U.S. App. LEXIS 15129
  • 2005 WL 1706509

How courts have described this case

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

  • explaining that a lower sentence may be appropriate \even when a downward departure is unavailable\
  • noting that a district court abuses the discretion accorded to it when its decision rests on ʺa clearly erroneous factual findingʺ
  • approving in part a downward departure after a finding that defendant suffered extraordinary childhood abuse that created a mental or emotional condition which caused her to commit the crime of conviction
  • “[I]n extraordinary circumstances a downward departure may be warranted on the ground that ‘extreme childhood abuse caused mental and emotional conditions that contributed to the defendant’s commission of the offense.’”
  • \[I]n extraordinary circumstances a downward departure may be warranted on the ground that 'extreme childhood abuse caused mental and emotional conditions that contributed to the defendant's commission of the offense.' \
  • “The fact that we find [that] the district court’s decision to depart in this case does not conform to the requirements of the Guidelines — now made advisory by Booker — would not necessarily render [defendant’s] sentence unreasonable.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Cabranes, Sotomayor

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.