Does a finding that an aggravating circumstance warrants upward departure warrant upward departure?
MultiRegion, United States of America
The following excerpt is from U.S. v. Williams, 963 F.2d 381 (9th Cir. 1992):
We review for clear error the district court's factual findings that an aggravating circumstance warrants upward departure. United States v. Lira-Barraza, 941 F.2d 745, 746-47 (9th Cir.1991) (en banc). The extent of the district court's departure is reviewed for unreasonableness. Id. at 751.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a search warrant be used to search a vehicle and a house in what circumstances was the search warrant issued? (MultiRegion, United States of America)
Does a finding of exigent circumstances require reversal of the district court's finding regarding the presence of an exigent circumstance? (MultiRegion, United States of America)
Is injunctive relief awarded in a class action a "relevant circumstance" that could warrant an upward departure from the benchmark? (MultiRegion, United States of America)
If a reviewing court finds that a number of mitigating circumstances are not sufficiently substantial to warrant leniency in a criminal case, what is the current state of the law? (MultiRegion, United States of America)
Under what circumstances will a search warrant be used to search a vehicle without a warrant? (MultiRegion, United States of America)
What is the effect of a finding of an aggravating circumstance in a criminal case? (MultiRegion, United States of America)
Inadvertence is not a requirement for application of the plain view exception to the warrant requirement for search warrants, in what circumstances will the court consider this? (MultiRegion, United States of America)
Under what circumstances will the court grant a warrant for a search of a suspected chemical lab without a warrant? (MultiRegion, United States of America)
When can a police officer rely on a search warrant or a warrant issued by the Office of the Attorney General for the purpose of obtaining an administrative inspection warrant? (MultiRegion, United States of America)
Can a search warrant obtained pursuant to a state warrant be suppressed if the initial state warrant is invalid? (MultiRegion, United States of America)
