United States v. Khemraj, No. 08-CR-332 (JBW), 2009 WL 365971 (E.D.N.Y. Feb. 5, 2009)
I've always thought that criminal history downward departures are under-utilized because of the lower standard required. And to the credit of the attorneys and court in Khemraj, a downward departure from criminal history category V to criminal history category III was obtained. Why? Because of "the disparate nature of the past crimes and the fact that they were spread over time."