What is the test for a federal judge's decision to depart from the sentencing of a convicted rapist?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hebert, 902 F.2d 1580 (9th Cir. 1990):
5. if the circumstance warrants departure, we review for an abuse of discretion whether the extent or degree of departure was unreasonable. United States v. Lira-Barraza, 897 F.2d 981, 983-86 (9th Cir.1990).
The district judge explained his decision to depart at the sentencing hearing:
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