Can a court depart upward for extreme psychological injury to the family of a victim of a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bonito, 946 F.2d 899 (9th Cir. 1991):

2 Appellant's reliance on United States v. Hoyungowa, 930 F.2d 744 (9th Cir.1991), is unpersuasive. In Hoyungowa we held that the district court could not depart upward for "extreme psychological injury" to a murder victim's family because "then the justice system would punish the murderer of the head of a household more harshly than the murderer of a transient." 930 F.2d at 747. In the instant case, the trial court did not depart upward because the deceased had five children but because those five children were riding in her truck and were injured in the same collision.

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