# United States v. Amrhu A. Dyce

> Court of Appeals for the D.C. Circuit · July 30, 1996 · 91 F.3d 1462

URL: https://www.frixlaw.com/law-library/cases/9489426

## Case

- **Full name:** UNITED STATES of America, Appellant, v. Amrhu A. DYCE, Appellee
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** July 30, 1996
- **Citations:** 91 F.3d 1462; 320 U.S. App. D.C. 1; 1996 U.S. App. LEXIS 18793; 1996 WL 422207
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Buckley, Ginsburg, Tatel, Edwards, Wald, Silberman, Williams, Sentelle, Henderson, Randolph, Rogers
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9489426

## How later opinions describe it (automated extraction)

- finding that district court's downward departure under section 5H1.6 on the basis that the defendant was breast feeding her child at the time of sentencing was erroneous; court reasoned in part that "there is no evidence in the record supporting the district court's statement …
- holding that, "Mike family responsibilities, a defendant’s education, employment record, and various good works are not ordinarily relevant in determining departures,” and may be the basis for one only if the defendant is likely to make a contribution to society of “an extraor…
- holding that the district court erred when it departed based on the defendant’s status as a single mother with three children under the age of four, one of whom was being breast-fed, and where incarceration would require placing the children in foster care
- holding that the district court erred when it departed based on defendant's status as a single mother with three children under the age of four, one of whom was being breast-fed, and where incarceration would require placing the children in foster care
- holding a substantial assistance departure available "only where the Government certifies to the district court that the help received has been of sufficient value to warrant the departure"

## Opinion text

ON APPELLEE’S SUGGESTION FOR REHEARING IN BANC
ORDER
PER CURIAM.
Appellee’s Suggestion For Rehearing In Banc and the response thereto have been circulated to the full court. The taking of a vote was requested. Thereafter, a majority of the judges of the court in regular active service did not vote in favor of the suggestion. Upon consideration of the foregoing, it is
ORDERED that the suggestion be denied.
*1472 A statement by Circuit Judge TATEL concurring in the denial of rehearing and rehearing en banc is attached.
A statement by Circuit Judge WALD dissenting from the denial of rehearing in banc is attached.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9489426. Public record. Not legal advice.