Fourth Circuit vacates sentence because of improper departure for a single criminal occurrence

In UNITED STATES v. HILLYER, Hillyer pled guilty to two federal environmental crimes involving illegal dredging in North Carolina's Croatan Sound and received three years probation. The Fourth Circuit vacated a sentence as unreasonable. A defendant may be eligible for a 5K2.20 departure if he "committed a single criminal occurrence or single criminal transaction that (1) was committed without significant planning; (2) was of limited duration; and (3) represents a marked deviation by the defendant from an otherwise law-abiding life."

The Court noted that while Hillyer's conduct might have had a single motivation, it was not a single occurrence or transaction. Rather, it constituted multiple criminal acts, with each occurrence of prop dredging representing a violation of the permit and applicable federal laws.

Moreover, Hillyer's conduct was not a single criminal occurrence because there was significantt planning of the criminal act and the criminal act occurred over a one week period. Hence, the sentence was vacated.