The following excerpt is from U.S. v. Herman, 172 F.3d 205 (2nd Cir. 1999):
In this circuit, a district court has the discretion to depart downwardly from the applicable Guideline range on the basis of drug rehabilitation. See United States v. Maier, 975 F.2d 944, 948 (2d Cir.1992). Nevertheless, drug rehabilitation programs, which are " 'easily entered but difficult to sustain,' " have not been permitted to become " 'an automatic ground for obtaining
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