Circuit split · criminal sentencing
Whether an upward departure under the Sentencing Guidelines may be based on prior convictions that are both dissimilar and too old (outdated) to count in the criminal history score
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Seventh Circuit Court of Appeals · February 7, 1994
“at 1122 (Court declined to resolve circuit split on whether upward departure can be based on dissimilar outdated convictions).” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Joined by · 7th Cir.United States v. Williams910 F.2d 1574
“Williams, 910 F.2d 1574 (7th Cir.1990) (court may not rely solely upon an arrest record as the basis for an upward departure), vacated on other grounds, 112 S.Ct.” — United States v. Nelson Rivas and Cristobal Rosas, acknowledging the split
- Joined by · 7th Cir.United States v. Connor950 F.2d 1267
- Declined to followWilliams112 S.Ct. 1112
“Williams, 910 F.2d 1574 (7th Cir.1990) (court may not rely solely upon an arrest record as the basis for an upward departure), vacated on other grounds, 112 S.Ct.” — United States v. Nelson Rivas and Cristobal Rosas, acknowledging the split
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.