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How Many Ways to Vary from the Guidelines? At Least 171!

By Shari Allison

Periodically, I like to include a reminder of a wonderful sentencing resource that I keep on my desk for sentencing memos: Michael Levine's "171 Easy Mitigating Factors". It brings together numerous cases to provide bases for mitigation arguments. The resource (now more than 140 pages long) is updated regularly during the year.It's not free, but it is invaluable. It groups cases by potential argument: youthful offender, good employment history, "super" acceptance of responsibility, rehabilitation. In fact, you can find helpful cases discussing just about any factor that might be a basis for a variance or departure argument. The cost for the most recent edition is $125.00 for an electronic copy, $175.00 for a bound copy, and $400.00 for an annual subscription (six to twelve issues depending on developments in the law)...continue to full post

Full post as published by Tenth Circuit Blog on February 25, 2009 (boomark / email).