Downward Departures

Mitigation of your sentence with Downward Departures is the most important part of your sentencing. You can receive a reduced sentence or no prison at all.

The United States Supreme Court in 1996 held that federal district court judges had discretion to depart from the recommendations of the U.S. Sentencing Guidelines. See: Koon v. United States, 518 U.S. 91, 98 (1996).

Nine years after Koon – a case involving one of the Los Angeles police officers convicted in the infamous “Rodney King” freeway beating – the Supreme Court handed down United States v. Booker which limited the discretion of federal judges to enhance sentences by ruling that the Guidelines are advisory, not mandatory. See: 543 U.S. 220, 245-46 (2005).

As General Arden stated in his Founder’s Message the prosecutor in his case was asking the court for a 16 year sentence. General Arden delayed his sentencing for nearly a year in order to author his own lengthy downward departure motion, which was 284 pages long.

With the downward departure motion that General Arden personally authored, without the assistance of any privately paid attorneys, instead of 16 years, he was only sentenced to 5 years.

General Arden became the most famous prison lawyer in the history of the BOP and is considered the Number One Sentencing Mitigation Specialist and Prison Consultant in America.

Many lawyers are not specialized in Federal Prison Mitigation and they fail to bring out the specific circumstances or they provide insufficient reasoning and documentation.

Do I qualify for a Downward Departure?
A downward departure is when someone is sentenced to less than what they score on criminal punishment code scoresheet. Some of the mitigating circumstances that the judge can consider for a downward departure are as follows:

  • Defendant requires specialized treatment for addiction, mental disorder, or physical disability and the defendant is amenable to treatment.
  • Legitimate, un-coerced plea bargain.
  • Defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
  • The capacity of the defendant to appreciate the criminal nature of the conduct or to conform to that conduct to the requirements of law was substantially impaired.
  • The need for payment of restitution to the victim outweighs the need for a prison sentence.
  • The victim was an initiator, willing participant, aggressor, or provoker of the incident.
  • The defendant acted under extreme duress or under domination of another person.
  • Before the identity of the defendant was determined, the victim was substantially compensated.
  • Defendant cooperated with the State to resolve the current offense or any other offense.
  • The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
  • At the time of the offense, the Defendant was too young to appreciate the consequences of the offense.
  • Defendant to be sentenced as a youthful offender (defendant less than 21 years old at the time of sentencing).

History has shown that cases have been dismissed because witnesses die, documents are lost, evidence is tampered with, labs are found to be acting improperly, police are corrupt, laws change, and even Supreme Court decisions are handed down.

Therefore, it is best for you to attend addiction and mental health treatment as long as possible, enroll in our Fed 101 Boot Camp, have medical and dental treatments and obtain permission to deal with whatever difficult family issues you may have in order to delay your sentencing as long as possible.

You absolutely must consult with a physician to get a diagnosis, that will allow to receive the precious Bottom Bunk Pass as without it, you will have the discomfort of climbing up to an upper bunk without any ladder, for your entire sentence.

It can be issues such as problems with your head, neck, back, leg, ankle, foot, vision, a head injury, fainting, etc. Whatever it is get a diagnosis in writing from your physician so we can enter into your BOP medical records. You will be so thankful you did this. The bottom bunk acts as your living room sofa and nobody can sit on it without your permission.