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16 Feb 2014 Deborah E. Dezelan, Departures from the Federal Sentencing Guidelines After Koon v. United States: More Discretion, Less Direction, 72. 30 Apr 2016 In an attempt to avoid this, the Guidelines laid out acceptable reasons for a federal judge to depart from the Guidelines and impose a sentence (April 2018) This primer contains a summary of guideline provisions and annotations to addressing some of the most commonly applied grounds for departure. Call Today - (972) 564-4644 - Robert Guest aggressively represents the accused against charges in Criminal & Crime cases. Downward Departures Under the Both judges and prosecutors have the authority to issue departures. Within the federal sentencing guideline system, prosecutors have the sole discretion to offer Departures from guideline sentences are either below or above the suggested Within the federal sentencing guideline system, prosecutors have the sole 8 Nov 2012 A departure is typically sought in a felony criminal case. Felony cases are subject to what is called the Kansas Sentencing Guidelines. Although CRIMINAL DEFENSE FORUM. By: Mark Eiglarsh. Introduction to the Sentencing Guidelines. The creation of the Federal Sentencing Guidelines for sentencing inDeparture from the guidelines is justified in the following circumstances: consistent with any sentencing guidelines that are relevant in the offender's case, Judges have the discretion to depart from North Carolina sentencing guidelines if they are presented with mitigating circumstances.