United States v. Travis Lawrence Page

Travis Lawrence Page (the appellant) appeals his sentence imposed after conviction of one count of aiding and abetting and possession of a controlled substance with intent to distribute, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1) (1988). The probation officer calculated a sentence under the Guidelines at 41 to 51 months in prison. At the sentencing hearing, the appellant requested a downward adjustment for his minimal role in the offense, and a downward departure based on diminished capacity due to alcoholism.

The court rejected the probation officer’s recommendation and sentenced the appellant to 27 months imprisonment, together with a fine of $7500 and a term of supervised release of three years. The appellant was given reductions for his minimal role and for his acceptance of responsibility. However, the court refused to depart downward for Page’s extreme alcoholism, finding that under § 5H1.4 of the Guidelines, alcohol abuse is not a reason for imposing a sentence below the guidelines.

On appeal, the appellant argues the court erred in ruling that it did not have the authority to depart below the minimum sentence of 27 months in prison. He argues that alcohol…