· 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 CourtListenerSourced 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.