Document Type


Publication Date

Summer 2006


This Article is the twelfth of twelve parts of a set of Model Federal Sentencing Guidelines designed to illustrate the feasibility and advantages of a simplified approach to federal sentencing proposed by the Constitution Project Sentencing Initiative. The Model Sentencing Guidelines and the Constitution Project report are all to be published in Volume 18, Number 5 of the Federal Sentencing Reporter. The project is described in an essay titled 'Tis a Gift To Be Simple: A Model Reform of the Federal Sentencing Guidelines, available on SSRN at This segment of the project contains rules governing the imposition of sentences below the applicable sentencing range (departures) based on factors not adequately addressed in the guidelines themselves.


Published as Frank O. Bowman III, The Model Federal Sentencing Guidelines Project: Departures, Model Sentencing Guidelines §5.1, 18 Fed. Sent. R. 380 (2006). © 2006 by [the Regents of the University of California/Sponsoring Society or Association]. Copying and permissions notice: Authorization to copy this content beyond fair use (as specified in Sections 107 and 108 of the U. S. Copyright Law) for internal or personal use, or the internal or personal use of specific clients, is granted by [the Regents of the University of California/on behalf of the Sponsoring Society] for libraries and other users, provided that they are registered with and pay the specified fee via Rightslink® on [JSTOR (] or directly with the Copyright Clearance Center,



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