The Commission has identified the following circuit conflicts for further review and consideration during 1997-98. Staff have been instructed to develop additional information and amendment options for these issues.
Issue 1: Whether for purposes of downward departure from the guideline range a "single act of aberrant behavior" (USSG Chapter 1, Part A, §4(d)) includes multiple acts occurring over a period of time.
Compare: United States v. Grandmaison, 77 F.3d 555 (1st Cir. 1996) (Sentencing Commission intended the word "single" to refer to the crime committed; therefore, "single acts of aberrant behavior" include multiple acts leading up to the commission of the crime; the district court should review the totality of circumstances); United States v. Takai, 941 F.2d 738 (9th Cir. 1991) ("single act" refers to the particular action that is criminal, even though a whole series of acts lead up to the commission of th