Summary
limiting departure authority to "truly exceptional family circumstances"
Summary of this case from U.S. v. CarrascoOpinion
No. 831, Docket 96-1464.
Decided: November 5, 1997.
Mary Jo White, United States Attorney for the Southern District of New York, New York, Guy Petrillo, Assistant United States Attorney, and Daniel C. Becker, Assistant United States Attorney, for Appellant.
Suggestion for rehearing in banc of an appeal from a judgment of the United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge), which departed downward from the adjusted Sentencing Guideline range due to defendant-appellee's family circumstances. The government appealed, contending that it was an abuse of the district court's discretion to depart downward because of defendant-appellee's family circumstances. The panel affirmed. United States v. Galante, 111 F.3d 1029 (2d Cir. 1997). The suggestion for rehearing in banc is denied.
Before: WINTER, Chief Judge, KEARSE, WALKER, McLAUGHLIN, JACOBS, LEVAL, CALABRESI, CABRANES, and PARKER, Circuit Judges.
Upon consideration by the active judges of the appellant's suggestion for a rehearing in banc, the suggestion is denied; the court regards the panel decision as limited to its precise facts and not an invitation to district judges to depart downward in the absence of truly exceptional family circumstances.