District Court, D. New Jersey December 7, 2001, CR.A. 01-149 (United States v. Checoura)

OPINION

ORLOFSKY, District Judge.

I. INTRODUCTION

This case requires me to explore new territory created by a 1998 amendment to the United States Sentencing Guidelines encouraging downward departures for significant impairment of a defendant’s “volitional” capacities — that is, his or her power to resist the temptation to do wrong. On March 2, 2001, the Defendant, Leticia A.