964 F.2d 124 (2d Cir. 1992)
The United States appealed a judgment of sentence entered by the United States District Court for the Southern District of New York. Defendant was convicted of conspiracy, bribery, and theft of public money in violation of 18 U.S.C.S. §§ 371, 201(b)(2)(B), § 64 and was sentenced pursuant to a 13-level downward departure.
-Johnson (D) was convicted of bribery, but received a reduced sentence by the district court based on the fact that she faced extraordinary parental responsibilities as she was solely responsible for raising and supporting three children, which included an infant and the young child of her institutionalized daughter.
-The government appealed the reduction, arguing that family circumstances shouldn't be taken into account when determining whether a sentence should be reduced.
-The United States challenged a judgment of sentence imposed on defendant for her conviction of conspiracy, bribery, and theft of public money in violation of 18 U.S.C.S. § 371, 201(b)(2)(B), 641.
-The district court sentenced defendant according to a 13-level downward departure from the guidelines.
The court affirmed the judgment of sentence, holding that defendant's extraordinary family circumstances were valid reasons for the departure.
The court found that defendant faced more than the responsibilities of an ordinary parent, more even than those of an ordinary single parent; and that she was solely responsible for the upbringing of her three young children, including an infant, and of the young child of her institutionalized daughter. The court ruled that the number, age, and circumstances of defendant's children all supported the finding that defendant faced extraordinary parental responsibilities. Lastly, the court found that the district court would have imposed the same sentence had it not relied upon the splitting of proceeds by defendant and her co-worker.
OUTCOME: The court affirmed the judgment of sentence that was a 13-level downward departure from the sentencing guidelines. The court found that the district court's departure was reasonable given defendant's extraordinary parental responsibilities.
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