What is the test for leaving the criminal justice system?
MultiRegion, United States of America
The following excerpt is from U.S. v. Wynn, 46 F.3d 1148 (9th Cir. 1995):
We review de novo whether the aggravating circumstance identified by the sentencing court as a basis for the departure is a valid legal reason to depart. The court's factual determination that the aggravating circumstance existed is reviewed for clear error. We must also determine the reasonableness of the departure. United States v. Lira-Barraza, 941 F.2d 745, 746-747 (9th Cir. 1991) (en banc).
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