Topic: the guidelines expressly permit upward departures where 'pr… · Go Syfert
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Topic #29327

4 canonical passages across 3 cases, quoted by 13 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Lonnie Clayton Fawbush.

#Case FlagCanonical passage Citers
1 United States v. Lonnie Clayton Fawbush Anchor
ca8 · 1991
green “the guidelines expressly permit upward departures where 'prior similar adult criminal conduct not resulting in a criminal conviction' exists.” 4
2 United States v. Lonnie Clayton Fawbush
ca8 · 1991
green “the consideration of a departure from the guidelines in the limited circumstances where reliable information indicates that the criminal history category does not adequately reflect the seriousness of the defendant's criminal history or likelihood of recidivism.” 3
3 United States v. Roy Patrick Bougie
ca8 · 2002
green “specific factual allegations contained in the psr, a district court may accept the facts as true for purposes of sentencing.” 3
4 United States v. Searcy
flsd · 2003
green “inclusion of a factor in the guidelines calculation does not proscribe departure based on consideration of the factor.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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