136) A sentence outside the Guidelines range, whether it be based on a departure provision or a [section] 3553(a) analysis, does not require "extraordinary circumstances.
141) Since the policy statements are part of the Guidelines, most circuit courts recognized these departure provisions as part of the Guidelines analysis.
1 departure provision
in light of expanded judicial discretion.
The starting point for the consideration of alienage as a mitigating circumstance is the text of the departure provision, 18 U.
The text of the departure provision, section 3553(b), does not state expressly that offender characteristics should be included as mitigating circumstances.
The Departure Provision permits limited exceptions to USPAP.
Also of relevance to the appraiser are the Competency and Departure Provisions of the Uniform Standards of Professional Appraisal Practice (USPAP).
Preamble Ethics provision Competency provision Departure provision Jurisdictional exception Supplemental standards Definitions Standard 9 In developing a business or intangible asset appraisal, an appraiser must be aware of, understand, and correctly employ those recognized methods and procedures that are necessary to produce a credible appraisal.
USPAP contains a departure provision which permits limited exceptions to specified USPAP sections.
Reducing costs and time by utilizing the departure provision
of USPAP, which in specific circumstances allows for limited appraisal
First, on March 22, 1994, the ASB adopted significant revisions to the Departure Provision, Definitions Section, Standard 2 and Standard 3 of USPAP and issued Statement No.
Also, the agencies reduced the number of supervisory appraisal standards from 14 to 5 and allowed the use of the Departure Provision in USPAP for federally related transactions.