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In other cases, it's impossible to know whether a departure from the guidelines was for a good reason.
In the first case, the United States Court of Appeals for the Eighth Circuit, in St . Louis said that such an "extraordinary" departure from the guidelines — no prison time at all — required an "extraordinary" justification.
Many judges, not just Ellis, chafe at the results of that judgment in cases dealing with large financial losses, which is why observers anticipated some downward departure from the guidelines here.
Trial judges are required to explain the basis for the sentences they impose, she added, with a major departure from the guidelines requiring "a more significant justification than a minor one".
It is also clear that a district judge must give serious consideration to the extent of any departure from the Guidelines and must explain his conclusion that an unusually lenient or an unusually harsh sentence is appropriate in a particular case with sufficient justifications.
The proposal, envisioned as a precautionary measure, is a departure from the guidelines the administration issued for returning medical volunteers.
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Clinical pathways for vaginal and cesarean delivery implemented in 1998 were used as a "standard of care". We compared rates of noncompliance with the pathways in the claims and control groups, calculated an odds ratio for increased risk of being sued given departure from the guideline standards, and calculated the elevated risk of litigation introduced by noncompliance.
The management of cervical cancer patients in Manitoba, Canada was in good agreement with treatment guidelines although reasons for departure from the guideline recommendations could not be examined further due to lack of data.
In Booker we invalidated both the statutory provision, 18 U. S. C. §3553(b)(1) (2000 ed., Supp. IV), which made the Sentencing Guidelines mandatory, and §3742 e 200000 ed. and Supp. IV), which directed appellate courts to apply a de novo standard of review to departures from the Guidelines.
As a preface to our discussion of these particulars, however, we shall explain why the Court of Appeals' rule requiring "proportional" justifications for departures from the Guidelines range is not consistent with our remedial opinion in United States v. Booker, 543 U. S. 220 (2005).
Immediately after Booker, in 2006, judges across the country imposed Booker-based below-Guidelines sentences (as distinct from downward departures from the Guidelines range) in approximately 6%percentt of cases.
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