## Facts

- At age 70, Juan Brooke was convicted in federal court of possessing cocaine with intent to distribute and served a prison term, followed by supervised release.
- At age 78, while still on supervised release, Brooke was convicted in District of Columbia Superior Court of new cocaine-related charges; he served six months and was released on probation.
- Several years later, while still on probation, Brooke was arrested for distributing substantial amounts of cocaine from his apartment.
- As part of a plea agreement, federal prosecutors declined to charge Brooke with the more serious distribution offense and instead charged him with conspiracy to distribute cocaine, a lesser offense carrying a 60-month statutory maximum.
- At sentencing, Brooke presented evidence that he was 82 years old and suffered from multiple medical problems, including respiratory issues, cardiac concerns, arthritis, and mobility limitations in his knees and hands.
- Brooke requested downward departures based on age (U.S.S.G. § 5H1.1) and physical condition (U.S.S.G. § 5H1.4), seeking either a shorter prison term or conversion of the sentence to home detention.
- The district court declined to grant either departure and imposed the 60-month maximum sentence, indicating in its remarks that the Guidelines did not permit departure on those grounds.
- Brooke appealed, arguing the district court misunderstood the law governing age- and health-based departures.

## Issues

1. Whether the court of appeals had jurisdiction to review the denial of a downward departure when the record suggested the district court believed it lacked legal authority to depart based on age or physical condition.
2. Whether the district court committed legal error by treating age and physical condition as categorically unavailable bases for departure under U.S.S.G. §§ 5H1.1 and 5H1.4 and 18 U.S.C. § 3553(b).

## Decision

- The D.C. Circuit held it had jurisdiction because the sentencing judge’s statements indicated a belief that departure authority did not exist, which presents a legal question rather than an unreviewable discretionary choice.
- The court vacated Brooke’s sentence and remanded for resentencing because the district court misapprehended its authority: age and physical condition are “discouraged” factors, but they may justify a downward departure in an extraordinary case.
- The D.C. Circuit did not decide whether Brooke’s circumstances were extraordinary; it left that determination to the district court on remand, applying the correct legal standard.

## Legal Principles

- A district court’s discretionary refusal to depart downward is generally not reviewable, but appellate review is available when the refusal rests on a mistaken belief that the court lacks legal authority to depart.
- Under U.S.S.G. § 5H1.1, age is “not ordinarily relevant,” but it may support a departure in unusual cases, including when advanced age and infirmity make alternative punishment (such as home detention) comparably effective.
- Under U.S.S.G. § 5H1.4, physical condition is “not ordinarily relevant,” but an “extraordinary physical impairment” may warrant a downward departure; the Guidelines contemplate that home detention may be an option for a seriously infirm defendant.
- Sentencing courts must recognize the difference between discouraged factors (permitted in exceptional cases) and prohibited factors (never permitted); treating a discouraged factor as barred is legal error.
- A statutory maximum or plea agreement cap does not eliminate the court’s power to impose a sentence below that cap if a lawful downward departure is warranted; failure to recognize that authority can affect the sentence and requires remand.

## Conclusion

The D.C. Circuit vacated Brooke’s 60-month sentence and remanded for resentencing because the district court’s comments showed it mistakenly believed it lacked authority to depart downward based on Brooke’s age and medical condition, even though the Sentencing Guidelines permit such departures in extraordinary cases.


United States v. Brooke, 308 F.3d 17 (2002)