U.S. v. SMITH

No. 93-3013.

27 F.3d 649 (1994)

UNITED STATES of America v. Renford George SMITH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1994.


Attorney(s) appearing for the Case

Robert L. Tucker, Asst. Federal Public Defender, Washington, DC, argued the cause for appellant. With him on the brief was A.J. Kramer, Federal Public Defender, Washington, DC.

James C. Bohling, Asst. U.S. Atty., Washington, DC, argued the cause for appellee. With him on the brief were J. Ramsey Johnson, U.S. Atty. at the time the brief was filed, John R. Fisher, Elizabeth Trosman, Thomas G. Connolly and Odessa P. Jackson, Asst. U.S. Attys., Washington, DC.

Before: MIKVA, Chief Judge; WILLIAMS and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILLIAMS.

Dissenting Opinion filed by Circuit Judge SENTELLE.

STEPHEN F. WILLIAMS, Circuit Judge:

This case poses the question whether a sentencing court may depart below the range indicated by the Sentencing Guidelines where the defendant, solely because he is a deportable alien, faces the prospect of objectively more severe prison conditions than he would otherwise. We hold such departures permissible...

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