U.S. v. GASKILL

No. 92-5588.

991 F.2d 82 (1993)

UNITED STATES of America v. William T.C. GASKILL, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 16, 1993.


Attorney(s) appearing for the Case

Richard Coughlin (argued), Asst. Federal Public Defender, New Jersey, Camden, NJ, for appellant.

Glenn J. Moramarco (argued), Asst. U.S. Atty., Edna B. Axelrod, Asst. U.S. Atty., Michael Chertoff, U.S. Atty., Newark, NJ, for appellee.

Before: BECKER, GREENBERG, and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

Defendant was sentenced to a period of incarceration despite evidence that he was solely responsible for the care of his mentally ill wife. The district court read a Guidelines policy statement as prohibiting consideration of family ties and denied downward departure. We conclude that, in the unusual circumstances presented here, the district court had discretion to depart and, accordingly, we will remand for resentencing...

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