U.S. v. NAUGLE

No. CR 92-815.

879 F.Supp. 262 (1995)

UNITED STATES of America, v. Charles NAUGLE, Defendant.

United States District Court, E.D. New York.

March 17, 1995.


Attorney(s) appearing for the Case

Daniel J. Ollen, Parker, Ollen & Carmody, New York City, for defendant.

Tanya Y. Hill, U.S. Attorney's Office, Crim. Div., Brooklyn, NY, for U.S.


MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge:

When a sentencing judge has declined to depart below the Guidelines range, the judge either believed he or she did not have the power to depart, or chose not to exercise that power. In a number of recent cases, the court of appeals has remanded when it was not sufficiently clear from the record that the sentencing judge was aware of the power to depart. For...

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