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U.S. v. McKENLEY

No. 88-5137.

895 F.2d 184 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. George L. McKENLEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 6, 1990.

Attorney(s) appearing for the Case

Susan Zalkin Hitt, Asst. Federal Public Defender, for defendant-appellant.

Eric William Ruschky, Asst. U.S. Atty. (Vinton D. Lide, U.S. Atty., on brief), for plaintiff-appellee.

Before WIDENER, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and ELLIS, District Judge for the Eastern District of Virginia, sitting by designation.

ELLIS, District Judge:

This appeal presents the novel question whether a district court may depart from the Guidelines sentencing range on the ground that defendant's two past acquittals by reason of insanity are an "aggravating ... circumstance ... not adequately taken into consideration by the Sentencing Commission...." 18 U.S.C. § 3553(b). We hold here that past acquittals by reason of insanity may be a basis for departure from the Guidelines range and that...

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