The phrase “downward departure” is pulled from legal jargon, it is short for “downward departure from the sentencing guidelines”. In the Feds (and in some states), sentences are determined by this grid called the sentencing guidelines. The rows on the left show the charges, the columns on the right at the top show score/points/whatever. 0 points would be someone with no felonies in the last 10 - 15 years (depending on jurisdiction). Each additional column is for 1, then 2, and so on. Usually it maxes out at 6 - 8 (depending on jursisdiction). The “presumptive sentence” is usually a range. So let’s say for 0 points the presumptive sentence is 115 - 125 months - this slight difference is at discretion of the judge. A downward departure from the sentencing guidelines gives the judge the POWER - which implies they don’t have the power to do this without said downward departure - to give a lesser sentence.
As I believe I previously stated, downward departures are granted only in specific situations as defined in the LEGISLATURE. The ONLY ways provided for this in the legislature are called a 5K and Rule 35.
A 5K ‘letter’ is a motion the prosecution files BEFORE sentencing, that IF granted - gives the judge the POSSIBILITY of giving you a downward departure. Note that the PROSECUTOR files this, not your DEFENSE attorney. You get one of these by ‘cooperating’ with the prosecution - which translates to - gave information to other people related to the case. This could be as simple as giving information about a co-defendant, or could even be about people not currently charged on the case. “I got the Ergotamine Tartrate from Joe in Sausalito.”
Rule 35, gives the judge the ability to RESENTENCE you if it is granted within a year of your sentencing.
A common way this plays out is like follows:
You get busted for something. The prosecution says “I will file the 5K, if you debrief to these DEA agents.” The agents basically say “tell us anything and everything you know and IF we can use it to bust someone, we will call you in to testify and you can get resentenced”. So you spill the beans, while still in detention a year or two later the other guy gets busted - you testify on him and get your sentence reduced.”
A judge might give you a downward departure for the 5K information, and then later give you more for later testimony at a trial, or if the information busts someone else down the line.
These scenarios are VERY common.
There are some additional rules and policies that are pretty scary as well. Guys are let out - and suddenly back in the mix making moves within days or weeks. Why is this suspicious? Because when you get out of the Feds your first stop is a Federal halfway house. While there you are under the highest level of supervision the BOP has. You have to be accountable to where you are at all times of the day, have a curfew, show proof you are out looking for a job, etc etc.
Something to keep in mind in the age of COVID - people are getting let out because of this. When they get out they are on similar conditions but are at a residence. They are on house arrest except for work, AA or NA meetings, maybe church once a week and a couple hours to shop once a week. They are wearing an ankle bracelet even. If you run into one of your buddies that has been locked up for 5 years, and he says “they let me out cause of COVID” and he’s telling you this someplace other than what I just listed - guess what, they let him out to set people up, or be a “pay to play” informant.