United States v. Frederick Nels Martin

Frederick Martin requested a downward departure from the guideline sentencing range because of his participation in a post-arrest, pre-sentencing drug rehabilitation program. He also asked the district court to allow his sentence to be served in a drug rehabilitation facility instead of prison. The court declined to depart on the ground it lacked power to do so. We agree and affirm.

I

Martin was arrested for bank robbery. At his arraignment he was released on condition that he live at Walden House, a residential drug treatment facility, where he remained for six months. While there, an indictment was returned and he pled guilty. The applicable guideline range was 51-63 months and the district court sentenced Martin to 51 months and three years of supervised release.

Martin had urged the district court to depart from the guidelines based on his success in the Walden House program. The court found that “all the considerations [Martin has] urged upon the court have ostensibly been covered by the guidelines.” The judge also stated: “I am not totally sure that even had I the power to depart downward I would do it. The crimes here are serious. The recommendations of everyone is that…