Downward Departures in the Post-Booker Era.
- Resource Type
- Article
- Authors
- Xavier, Sarah L.
- Source
- Journal of the American Academy of Psychiatry & the Law; 2007, Vol. 35 Issue 1, p128-130, 3p
- Subject
- ACTION & defense cases
CRIMINAL sentencing
DISTRICT courts
INDICTMENTS
LEGAL judgments
INSANITY defense
ACTIONS & defenses (Law)
- Language
- ISSN
- 10936793
The article focuses on the U.S. v. Valdez case where in the U.S. Court of Appeals for the Second Circuit reviewed the sentencing of Felix Valdez by a New York district court. Information is presented on the indictment of Valdez for wire fraud and his petition for a downward departure. The reasoning behind the appellate court's ruling that the district court did not apply an incorrect insanity defense legal standard for his petition is discussed.