(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." (137) Moreover, at the time of sentencing, the judge "shall state in open court the reasons for its imposition of the particular sentence." (138) "By articulating reasons, even if brief, the sentencing judge not only assures reviewing courts (and the public) that the sentencing process is a reasoned process but also helps that process evolve." (139)
[,] physical condition ...[,] employment record [,) family ties and responsibilities[,] community ties[,] role in the offense [,] criminal history[,] and degree of dependence upon criminal activity [as] a livelihood." (140) Prior to Booker, these policy statements were considered by the Court pursuant to [section] 3553(b) when departing (i.e., enhancing or subtracting) from an otherwise mandatory Guidelines range due to some "aggravating or mitigating circumstance." (141) Since the policy statements are part of the Guidelines, most circuit courts recognized these departure provisions as part of the Guidelines analysis.
None of these cases, however, address how Booker implicates the section 5K1.1 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.S.C.
A complete view of the legislative directive to the Commission reveals that Congress may have intended for offender characteristics, including alienage, to sometimes qualify as "mitigating circumstances." The text of the departure provision, section 3553(b), does not state expressly that offender characteristics should be included as mitigating circumstances.(37) Evidence from portions of the congressional directive to the Commission, however, supports the proposition that Congress did envision offender characteristics as potential 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).(26)
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.
* 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.
The USPAP also contains a Departure Provision
that permits limited exceptions to USPAP; however, an appraiser must disclose any limitations.
Title XI requires all appraisals for federally related transactions to "conform to the Uniform Standards of Professional Appraisal Practice (USPAP) adopted by the Appraisal Standards Board of the Appraisal Foundation, except that the Departure Provision
of the USPAP shall not apply, to federally related transactions."(1)