United States v. Ortiz-Portalatin, No. 08-CR-352 (JBW), 2009 WL 763355 (E.D.N.Y. March 13, 2009)
Because the standards are looser, I've always been a big fan of criminal history downward departures. And it seems that Ortiz-Portalatin was a good candidate for earning one. His criminal history category was IV, and the Court recognized at sentencing that he "has a medical condition that may have contributed to his prior convictions for crimes committed prior to its diagnosis." Did defense counsel just not make the motion?