U.S. v. Floyd

8 Citing cases

  1. U.S. v. Koon

    45 F.3d 1303 (9th Cir. 1995)   Cited 4 times

    For that reason, in reviewing combination cases, we have considered the totality of the circumstances and the interplay between or among the various factors, not whether the individual factors in the mix could in themselves constitute a ground for departure. "[I]t will be how the particular pieces fit together, converge, and influence each other that will lead to the correct decisions." Cook, 938 F.2d at 153; see also United States v. Fairless, 975 F.2d 664, 669 (9th Cir. 1992); United States v. Floyd, 945 F.2d 1096 (9th Cir. 1991), corrected, 956 F.2d 203 (9th Cir. 1992), and subsequently superseded, U.S.S.G. ยง 5H1.12; United States v. Takai, 941 F.2d 738, 743 (9th Cir. 1991).

  2. U.S. v. Koon

    34 F.3d 1416 (9th Cir. 1994)   Cited 322 times
    Holding that at the very least a defendant "must make more than `conclusory allegations' of collusion" to qualify for an evidentiary hearing

    We have held that a "unique combination of factors" may constitute a "circumstance" that mitigates. Id.; see also United States v. Floyd, 945 F.2d 1096, 1099 (9th Cir. 1991), corrected, 956 F.2d 203 (9th Cir. 1992), and subsequently superseded, U.S.S.G. ยง 5H1.12; Anders, 956 F.2d at 911-14. However, although a district court may grant a departure based on a combination of factors that do not individually justify a departure, this policy does not permit the district court to consider in the mix factors that should not be part of the consideration. "[T]he factors that go into [a] complex must be those at least authorized, and certainly not expressly prohibited, by the Sentencing Guidelines."

  3. U.S. v. Johns

    5 F.3d 1267 (9th Cir. 1993)   Cited 37 times
    Holding that removal of sentencing discretion can implicate Ex Post Facto Clause

    That had been a proper ground for departure at the time Johns committed the offense. See United States v. Floyd, 945 F.2d 1096, 1098-1102 (9th Cir. 1991), amended, 956 F.2d 203 (9th Cir. 1992), overruled on other grounds, 990 F.2d 501 (9th Cir. 1993) (en banc). However, by the date of Johns' sentencing the November 1, 1992 amendments to the Guidelines had gone into effect.

  4. U.S. v. Miller

    991 F.2d 552 (9th Cir. 1993)   Cited 22 times
    Holding that a departure for extraordinary acceptance of responsibility based on restitution must include "genuinely voluntary" payment not "motivated primarily by . . . a desire to settle civil lawsuit"

    Second, the factual findings supporting the existence of the circumstance are reviewed for clear error, and third, the court must determine whether the extent of the departure was an abuse of discretion. Id. at 747; see also United States v. Floyd, 945 F.2d 1096, 1098-99 (9th Cir. 1991), amended, 956 F.2d 203 (9th Cir. 1992). A district court's reasons for departure should be viewed as a "complex of factors":

  5. U.S. v. Atkinson

    990 F.2d 501 (9th Cir. 1993)   Cited 52 times
    Holding that, in a bench trial, a defendant who had pled not guilty need not move for acquittal to preserve an objection to the sufficiency of the evidence

    The government wisely conceded this point at oral argument. We must, however, first confront our earlier opinion in United States v. Floyd, 945 F.2d 1096 (9th Cir. 1991), amended, 956 F.2d 203 (9th Cir. 1992). In Floyd, the defendant was indicted for conspiracy to distribute cocaine.

  6. U.S. v. Vilchez

    967 F.2d 1351 (9th Cir. 1992)   Cited 21 times
    Holding that the district court's departure based on the sentencing disparity between the federal-court defendant and his state-court accomplice was erroneous under same reasoning articulated in Deitz and Jeremiah

    In evaluating the district court's decision to depart downward from the Sentencing Guidelines range, we review de novo the district court's determination that it had the authority to depart. United States v. Floyd, 945 F.2d 1096, 1098 (9th Cir. 1991), amended, 956 F.2d 203 (9th Cir. 1992); see also United States v. Lira-Barraza, 941 F.2d 745, 746 (9th Cir. 1991) (en banc). We review the factual findings upon which the departure is predicated for clear error and the extent of the departure for reasonableness. Floyd, 945 F.2d at 1099; Lira-Barraza, 941 F.2d at 746-47.

  7. U.S. v. Lacarubba

    184 F. Supp. 2d 89 (D. Mass. 2002)   Cited 8 times
    In United States v. LaCarubba, No. 01-10033, 2002 WL 77205 (D.Mass. 2002), I dealt in detail with the standard for evaluating a defendant's eligibility for a departure based on extraordinary family circumstances after the First Circuit's decision in Thompson II and United States v. Pereira, 272 F.3d 76 (1st Cir. 2001).

    The legislative history indicates that Congress took this approach in order "to guard against the inappropriate use of incarceration for those defendants who lack education, employment, and stabilizing ties." United States v. Floyd, 945 F.2d 1096, 1101 (1991), amended by 956 F.2d 203 (9th Cir. 1992) (quoting S.Rep. No. 98-225, at 175 (1984), reprinted in 1984 U.S.C.C.A.N. 3182, 3358, on 28 U.S.C. ยง 994). The only conclusion one can draw is this: Congress and the Commission wanted courts to interpret these provisions as they sought to individualize sentences, to create a common law of sentencing defining the boundaries of typicality and atypicality.

  8. U.S. v. Ramirez

    792 F. Supp. 922 (E.D.N.Y. 1992)   Cited 4 times

    The defendant's lack of guidance, in combination with other factors, is a proper basis for a downward departure. See United States v. Floyd, 945 F.2d 1096 (9th Cir. 1991), amended, 956 F.2d 203 (2d Cir. 1992). The criminal act in this case was an aberrant one for the defendant.