United States v. Smith

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

June 10, 2002

Case

United States v. Smith

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

JUDGMENT PER CURIAM. This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. It is ORDERED AND ADJUDGED that appellant’s sentence be affirmed. If the district court understands its authority to grant a downward departure, its discretionary denial of a departure is not subject to reversal unless the court incorrectly applied the Guidelines or imposed the sentence in violation of the law. See United States v. Sammoury, 74 F.3d 1341, 1344-45 (D.C.Cir.1996); United States v. Salmon, 948 F.2d 776, 780 (D.C.Cir.1991). Appellant argues that the district court misapplied U.S.S.G. § 5H1.4 (allowing downward departure for “extraordinary physical impairment”) and violated 18 U.S.C. § 3553 (a)(2)(D) (“The court, in determining the particular sentence to be imposed, shall consider ... the need for the sentence imposed ... to provide the defendant with needed ... medical care ... in the most effective manner.”) by failing to make various factual findings. However, “nothing in the statute governing sentencing proceedings ... expressly requires district judges to make findings of fact on the record when the…

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