But officials in the court granted downward departure of sentencing and so reduced it to 121 months, from the original which was between 210-262 months.

These "downward departures" now account for about 35 percent of all federal sentences.

His attorney noted for the record that he expected that his client would receive a downward departure according to the prison sentence guidelines.

Specific offender characteristics as grounds for downward departure in child crimes and sexual offenses ( 5K2.22)

More disturbingly, downward departures in child pornography possession cases have ranged from 20 to 29 percent nationwide.

And the Department can choose to appeal downward departures that it feels are unwarranted.

Approximately 40 percent of the downward departures granted in Fiscal Year 2001 were government initiated.

If all of the government initiated downward departures were excluded, the departure rate would be about 10.9 percent.

In exchange, Brechner asked for a downward departure on his sentence.

At sentencing, the government declined to move for a downward departure.