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Home / Opinion Digests / Criminal Law / Failure to address mitigating factors results in resentencing (access required)

Failure to address mitigating factors results in resentencing (access required)

Where a court failed to consider several mitigating factors that would have placed a defendant in a drug case to within the recommended Sentencing Guideline range of 60 months, and instead departed upward to impose 120 months, the error was deemed not harmless and the case was remanded for resentencing. Background Lewis Alexander Hines pleaded guilty to ...