DESS

v.

MCCORMICK, WARDEN

Citator

Cited By

• United States v. Mirna Rivera, 994 F.2d 942 (1st Cir. 1993)
  …ecognizing this relationship, we have held that appellate courts must recognize a degree of district court autonomy when they review certain aspects of the departure decision. In United States v. Diaz-Villafane, 874 F. 2d 43 (1st Cir.) cert. denied, 493 U.S. 862, 110 S.Ct. 177, 107 L.Ed.2d 133 (1989), we pointed out that appellate review of a decision to depart may involve three subsidiary questions: 1) review of the departure-related circumstances to determine “whether or not” they “are of a kind or degree…
• United States v. Jones, 948 F.2d 732 (D.C. Cir. 1991)
  …is per se unreasonable. II. Analysis A. Standard of Review In reviewing departures from the Sentencing Guidelines, this circuit follows the three-part test articulated in United States v. Diaz-Villafane, 874 F. 2d 43, 49 (1st Cir.), cert. denied, 493 U.S. 862, 110 S.Ct. 177, 107 L.Ed.2d 133 (1989). See United Stales v. Ogbeide, 911 F. 2d 793, 795 (D.C.Cir.1990); United States v. Adonis, 891 F. 2d 300, 303 (D.C.Cir.1989). First, we must determine whether the district court’s reasons for the departure are,…
• United States v. Abel A. Mariano, Jr., 983 F.2d 1150 (1st Cir. 1993)
  …r.) (holding that de novo review is warranted when the court of appeals is called upon to determine “whether or not circumstances are of a kind or degree that may appropriately be relied upon to justify departure” under section 5K2.0), cert. denied, 493 U.S. 862, 110 S.Ct. 177, 107 L.Ed.2d 133 (1989). The district judge explicitly interpreted our decision in United States v. Aguilar-Pena, 887 F. 2d 347 (1st Cir.1989), as restricting his ability to depart downward in these cases. Aguilar-Pena, however, invo…