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U.S. v. THOMPSON

No. 00-1086.

234 F.3d 74 (2000)

UNITED STATES of America, Appellant, v. John Larkin THOMPSON, a/k/a Momo, Defendant, Appellee. Criminal Justice Act Board, Intervenor. National Association of Criminal Defense Lawyers, Intervenor.

United States Court of Appeals, First Circuit.

Decided December 8, 2000.

Rehearing and Suggestion for Rehearing Denied January 30, 2001.

Attorney(s) appearing for the Case

Adam J. Bookbinder, Assistant United States Attorney, with whom, Donald K. Stern, United States Attorney, was on brief for appellant.

Joan M. Griffin, with whom Casner & Edwards, LLP, was on brief for appellee.

Charles W. Rankin, Michelle Menken, and Rankin & Sultan on brief for Criminal Justice Act Board and Lisa B. Kemler on brief for National Association of Criminal Defense Lawyers, amici curiae.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied January 30, 2001.*

BOWNES, Senior Circuit Judge.

Determining that the defendant exhibited an extraordinary family situation and employment history, the district court (Gertner, J.) departed downward from the guideline sentencing range (GSR) of 87 to 108 months of incarceration and sentenced the defendant to the mandatory minimum of 60 months in prison, followed by 48 months...

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