When a court departs from the sentencing guidelines, does the court have to indicate a specific reason for the imposition of a sentence different than that described?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mordini, 366 F.3d 93 (2nd Cir. 2004):
upward departure, it should have so stated. See 18 U.S.C. 3553(c) (stating that when a court departs from the guidelines, it should indicate "the specific reason for the imposition of a sentence different from that described, which reasons must also be stated with specificity in the written order of judgment and commitment, except to the extent that the court relies upon statements received in camera"); see also United States v. Quintieri, 306 F.3d 1217, 1235 (2d Cir.2002).
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