koon
argued
february
decided
june
petitioners
los
angeles
police
officers
acquitted
state
charges
assault
excessive
use
force
beating
suspect
arrest
convicted
section
violating
victim
constitutional
rights
color
law
although
applicable
sentencing
guideline
ussg
section
indicated
imprisoned
months
district
granted
two
downward
departures
range
first
based
victim
misconduct
contributed
significantly
provoking
offense
second
based
combination
four
factors
petitioners
unusually
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prison
petitioners
lose
jobs
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employment
law
enforcement
petitioners
subject
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state
federal
prosecutions
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posed
low
risk
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months
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circuit
reviewed
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cooter
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stated
none
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factors
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alone
justify
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departure
evident
imposed
sentence
relied
susceptibility
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hardship
successive
prosecutions
appeals
therefore
remand
case
district
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affirmed
part
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part
remanded
kennedy
delivered
opinion
rehnquist
scalia
thomas
joined
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stevens
joined
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ginsburg
breyer
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print
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readers
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notify
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washington
typographical
formal
errors
order
corrections
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made
preliminary
print
goes
press
end
syllabus
nos
stacey
koon
petitioner
laurence
powell
petitioner
writs
certiorari
appeals
ninth
circuit
june
justice
kennedy
delivered
opinion
sentencing
guidelines
establish
ranges
criminal
sentences
federal
offenses
offenders
district
must
impose
sentence
within
applicable
guideline
range
finds
case
typical
one
see
section
district
courts
may
depart
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range
certain
circumstances
however
see
district
departed
downward
eight
levels
appeals
ninth
circuit
rejected
district
departure
rulings
published
objection
nine
judges
declined
rehear
case
en
banc
case
explore
appropriate
standards
appellate
review
district
decision
depart
guidelines
evening
march
rodney
king
two
friends
sat
king
wife
car
altadena
california
city
los
angeles
county
drank
malt
liquor
number
hours
king
driving
left
altadena
via
major
freeway
king
intoxicated
california
highway
patrol
officers
observed
king
car
traveling
speed
estimated
excess
officers
followed
king
red
lights
sirens
activated
ordered
loudspeaker
pull
continued
drive
highway
patrol
officers
called
radio
help
units
los
angeles
police
department
joined
pursuit
one
manned
petitioner
laurence
powell
trainee
timothy
wind
king
left
freeway
chase
eight
miles
stopped
entrance
recreation
area
officers
ordered
king
two
passengers
exit
car
assume
felony
prone
lie
stomachs
legs
spread
arms
behind
backs
king
two
friends
complied
king
got
car
lie
petitioner
stacey
koon
arrived
followed
ted
briseno
roland
solano
officers
los
angeles
police
department
sergeant
koon
took
charge
officers
ordered
king
assume
felony
prone
position
king
got
hands
knees
lie
officers
powell
wind
briseno
solano
tried
force
king
king
resisted
became
combative
officers
retreated
koon
fired
taser
darts
designed
stun
combative
suspect
king
events
occurred
next
captured
videotape
bystander
videotape
begins
shows
king
rose
ground
charged
toward
officer
powell
powell
took
step
used
baton
strike
king
side
head
king
fell
ground
second
videotape
king
attempted
rise
powell
wind
struck
batons
prevent
second
powell
administered
repeated
blows
king
lower
extremities
one
blows
fractured
king
leg
second
powell
struck
king
chest
king
rolled
lay
prone
point
officers
stepped
back
observed
king
seconds
powell
began
reach
handcuffs
sentencing
phase
district
found
powell
longer
perceived
king
threat
point
videotape
briseno
district
words
stomped
king
upper
back
neck
king
body
writhed
response
powell
wind
began
strike
king
series
baton
blows
wind
kicked
upper
thoracic
cervical
area
six
times
king
put
hands
behind
back
handcuffed
baton
blows
fell
intentions
king
officers
various
points
contested
trial
noted
petitioners
guilt
established
powell
radioed
ambulance
sent
two
messages
communications
network
officers
said
ooops
havent
sic
beaten
anyone
bad
long
time
koon
sent
message
police
station
said
nit
big
time
use
force
tased
beat
suspect
chp
pursuit
big
time
king
taken
hospital
treated
fractured
leg
multiple
facial
fractures
numerous
bruises
contusions
learning
king
worked
dodger
stadium
powell
said
king
played
little
ball
tonight
rodney
know
played
little
ball
played
little
hardball
tonight
hit
quite
home
runs
yes
played
little
ball
lost
ibid
august
federal
grand
jury
indicted
four
officers
section
charging
violating
king
constitutional
rights
color
oflaw
powell
briseno
wind
charged
willful
use
unreasonable
force
arresting
king
koon
charged
willfully
permitting
officers
use
unreasonable
force
arrest
trial
district
central
district
california
jury
convicted
koon
powell
acquitted
wind
briseno
consider
district
sentencing
determinations
sentencing
guidelines
district
identifies
base
offense
level
assigned
crime
question
adjusts
level
guidelines
instruct
determines
defendant
criminal
history
category
ussg
section
coordinating
adjusted
offense
level
criminal
history
category
yields
appropriate
sentencing
range
ibid
district
sentenced
petitioners
pursuant
section
sentencing
commission
guidelines
manual
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applies
violations
section
section
prescribes
base
offense
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greater
following
plus
offense
level
applicable
underlying
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found
underlying
offense
aggravated
assault
carries
base
offense
level
ussg
section
added
total
increased
offense
level
four
petitioners
used
dangerous
weapons
section
government
asked
also
add
four
levels
king
serious
bodily
injury
pursuant
section
found
however
king
serious
injuries
sustained
officers
using
lawful
force
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government
contended
blows
administered
king
fell
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seconds
videotape
violated
section
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found
many
blows
may
tortious
criminal
violations
commence
videotape
briseno
stomped
king
add
two
levels
bodily
injury
pursuant
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adjusted
offense
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totaled
neither
petitioner
criminal
record
fell
within
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history
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sentencing
range
offense
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criminal
history
category
guidelines
months
imprisonment
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petitioners
term
within
guideline
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district
departed
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eight
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granted
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face
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ed
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intro
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