Assistance with Departures - Variances
In addition to the application of the sentencing guidelines, and factors that warrant departures under USSG § 5K1.0, there are seven other factors for variances outside the advisory guideline system pursuant to Title 18 USC § 3553. Certain determinations and arguments should have already been accomplished at this point. However, in the instance where the preceding services have not been taken advantage of, a last minute review of the PSR can be conducted. Appropriate or applicable departures and variances can still be identified for inclusion in a Sentencing Memorandum. These are often filed with the court on the eve of sentencing, and while not appreciated by the Court, they are always entertained.