United States v. Salvador, No. 98 CR. 484 (LMM), 2006 WL 2034637 (S.D.N.Y. July 19, 2006)
Salvador moved for a downward departure based on (among other things) the conditions of his incarceration in the Dominican Republic while awaiting extradition for approximately 6 months, which included "an almost complete lack of even minimal sanitary conditions and lack of food at times." And, consistent with courts that have dealt with similar circumstances, the court granted a downward departure, from an offense level of 40 to an offense level of 39. Although superficially small, the 1 offense level departure correlates to a substantial sentencing range departure of from 292 to 365 months imprisonment to 262 to 327 months imprisonment. A seemingly fair result.
(As an aside, the court rejected Salvador's downward departure motion based on extraordinary family circumstances which, in turn, was based on his eight -- that's right -- eight children.)