At page 646 Determining extraordinary physical impairment for legal purposes11 citing casesholding that probation rather than imprisonment was proper where incarceration would jeopardize defendant’s treatment for a severe medical impairment
- United States v. Pasquantino, 230 F. App'x 255 (4th Cir. 2007).unpublished(holding that probation rather than imprisonment was proper where incarceration would jeopardize defendant’s treatment for a severe medical impairment)
- United States v. Rhodes, 288 F. Supp. 2d 928 (C.D. Ill. 2003).publishedThe district court is certainly free to look to other courts for guidance to see what they considered an “extraordinary physical impairment.” See, e.g., United States v. LeBlanc, 24 F.3d 340, 348-49 (1st Cir.1994), cert. denied sub nom., W…
- United States v. Lacy, 99 F. Supp. 2d 108 (D. Mass. 2000).publishedUnited States v. Basey, 67 F.3d 303 (unpublished opinion), 1995 WL 567356 at *1 (8th Cir. *118 1995) (Kidney cancer); United States v. Greenwood 928 F.2d 645, 646 (4th Cir.1991) (double amputation); United States v. Boy, 19 F.3d 30 (unpubl…
- United States v. Hammond, 37 F. Supp. 2d 204 (E.D.N.Y 1999).publishedJune 22, 1993); kidney cancer, United States v. Basey, 67 F.3d 303 (unpublished opinion), 1995 WL 567356, at *1 (8th Cir.1995); a polio-crippled leg, United States v. McClean, 822 F.Supp. 961, 962 (E.D.N.Y.1993); a double amputation below…
- United States v. Marc David Rabins, United States of Am. v. A.L. Johnson, 63 F.3d 721 (8th Cir. 1995).published In United States v. Greenwood, 928 F.2d 645, 646 (4th Cir.1991), the Court upheld a departure for a defendant who had lost the lower part of both legs.
- United States v. Raymond Keith Sherman, 53 F.3d 782 (7th Cir. 1995).publishedThe district court is certainly free to look to other courts for guidance to see what they considered an “extraordinary physical impairment.” See, e.g., United States v. Le-Blanc, 24 F.3d 340, 348-49 (1st Cir.), cert. denied sub nom., Wein…
- United States v. James M. Castner, United States of Am. v. Kenneth D. Sechler, Jr., 50 F.3d 1267 (4th Cir. 1995).publishedUnited States v. Greenwood, 928 F.2d 645, 646 (4th Cir.1991).
- United States v. Joseph Takizal, A/K/A Takizal Ten-A-Nyok, United States of Am. v. Joseph Takizal, A/K/A Takizal Ten-A-Nyok, 940 F.2d 654 (4th Cir. 1991).unpublishedA trial court's determination that a defendant is entitled to a two-level reduction for acceptance of responsibility is "a factual issue that will not be disturbed unless clearly erroneous." United States v. Greenwood, 928 F.2d 645, 646 (4…
- United States v. Mason, 216 F. App'x 287 (4th Cir. 2007).unpublishedSee United States v. Greenwood, 928 F.2d 645, 646 (4th Cir.1991).
- United States v. Timothy Stringfield, A/K/A Little Joe, United States of Am. v. Russell Dabney, Sr., A/K/A Shorty, United States of Am. v. Lionela. Stith, A/K/A Nooney Baby, A/K/A Buck, United States of Am. v. Eric Stith, A/K/A Snake, 32 F.3d 563 (4th Cir. 1994).unpublishedSee United States v. Greenwood, 928 F.2d 645, 646 (4th Cir.1991).
Show 1 more citing case
- United States v. Jones, 233 F. App'x 273 (4th Cir. 2007).unpublished(A trial judge’s determination that a defendant is entitled to a two-level reduction for acceptance of responsibility under Guidelines § 3E1.1 is a factual issue that will not be disturbed unless clearly erroneous.)
v.
Lewis Lovern GREENWOOD, Defendant-Appellee
Lewis Greenwood was convicted on August 25, 1989 of one count of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). Following the sentencing hearing, Greenwood was sentenced to a four-year term of probation and fined $1,500.00. Greenwood does not appeal this conviction or sentence so we dispense with a recitation of the facts leading to his conviction. This appeal is by the government and is concerned solely with its assignments of error. The government contends that the trial court erred in granting Greenwood a two-level reduction in offense level for acceptance of responsibility, and in sentencing Greenwood to a term of probation rather than imprisonment.
A trial judge’s determination that a defendant is entitled to a two-level reduction for acceptance of responsibility under Guidelines § 3E1.1 is a factual issue that will not be disturbed unless clearly erroneous. United States v. White, 875 F.2d 427, 431 (4th Cir.1989). The district court found that although Greenwood had some initial confusion about the distinction between possession and ownership, he had accepted responsibility for his possession of the guns at the time of sentencing, and therefore was entitled to the reduction. We cannot say that that decision was clearly erroneous.
After making the acceptance of responsibility reduction, the trial court determined that a downward departure from the guidelines sentencing range was warranted due to Greenwood’s severe physical handicap. Greenwood lost both of his legs below the knee due to action in the Korean War. The trial judge found that this severe medical impairment required treatment at the Veterans Administration Hospital and that incarceration would jeopardize this treatment. Consideration of such an extraordinary medical problem in deciding to impose a sentence other than imprisonment is specifically authorized by the Guidelines. U.S.S.G. § 5H1.4 (1988). Therefore, the district court’s decision to depart based upon this determination was not error.
Accordingly, the judgment of the district court is
AFFIRMED.