Motion for Downward Departure

Downward Departure Ruling

Per Judge Drell’s extraordinary statement:

           “Now, this is a very unusual case, factually speaking….there are five elements in the victim’s conduct policy statement that addresses the size and strength of the victim or physical characteristics, the persistence of the victim’s conduct, and efforts by the defendant to prevent confrontation…then Mr. Branch comes back in and stands, goes into the cell, pretty much obviously getting what he needed to protect, defend or whatever….but he stood in front of the cell…the applicable guideline ranges are as follows: 151-188 months incarceration….I wonder what would have happened if some of the guards had come through the door earlier and whether this would have ended in a fatality….did Mr. Branch act reasonably? Perhaps…with that in mind, I do find 5K2.10 does have some applicability here, and warrants some deviation from the guidelines…under Section 3553(a), there is also the requirement that I impose a sentence that takes into consideration the nature and circumstances of the offense and the history and characteristics of the defendant…the defendant Edgar Branch is hereby sentenced to serve a 120-month term of imprisonment.”