Tenth Confuses Departure, Variance Standards

U.S. v. Sanchez-Fragoso, 2015 WL 1321388 (3/25/15) (N.M.) (unpub'd) - In this case, the 10th says a district court should vary downward based on a defendant's family circumstances "only in extraordinary circumstances," citing USSG § 5H1.6, which applies only to departures. The Supreme Court's decision in Gall v. U.S., 552 U.S. 38 (2007), may lead one to question this holding.