SUAREZ

v.

UNITED STATES

Citator

Cited By

• United States v. Taylor, 88 F.3d 938 (11th Cir. 1996)
  …urice, 69 F. 3d 1553, 1558 (11th Cir.1995). Horizontal departures are increases or decreases based on the relevant criminal history category applicable to the defendant. E.g., United States v. Mogel, 956 F. 2d 1555, 1558 (11th Cir.), cert. denied, 506 U.S. 857, 113 S.Ct. 167, 121 L.Ed.2d 115 (1992). Vertical departures are increases or decreases based on the offense level. Id. When the district court finds that the defendant’s criminal history category does not adequately reflect the seriousness of his…
• United States v. Henderson, 75 F.3d 614 (11th Cir. 1996)
  …sion to depart was based on factors or circumstances that, the Sentencing Commission did not adequately consider in drafting the guidelines. Godfrey, 22 F. 3d at 1053; see also United States v. Mogel, 956 F. 2d 1555, 1557 (11th Cir.), cert. denied, 506 U.S. 857, 113 S.Ct. 167, 121 L.Ed.2d 115 (1992). Second, assuming that we find that the Sentencing Commission did not adequately consider the factors the district court relied on in making its departure, we must determine whether the district court’s relian…
• United States v. Allen, 87 F.3d 1224 (11th Cir. 1996)
  …and concluded that they will not ordinarily support a downward departure. See U.S.S.G. § 5H1.6. Thus, district courts may depart on such grounds only in “extraordinary” eases. United States v. Mogel, 956 F. 2d 1555, 1565 (11th Cir.), cert. denied, 506 U.S. 857, 113 S.Ct. 167, 121 L.Ed.2d 115 (1992); United States v. Cacho, 951 F. 2d 308, 311 (11th Cir.1992). In our view, Allen’s family responsibilities, though difficult, are not extraordinary. See Mogel, 956 F. 2d at 1565 (holding downward departure inapp…