Big sentencing win for defendants
October 13, 2004
Applying de novo review (ala Feeney), the Ninth Circuit today affirmed a district court's departing downard based on the disparity between co-defendants' sentences. United States v. Tzoc-Sierra, No. 03-10490, at *14524 (9th Cir., Oct. 13, 2004) ("A downward departure to equalize sentencing disparity is a proper ground for departure under the appropriate circumstances, so long as the codefendant used as a barometer for judging the disparity was convicted of the same offense as the defendant.")