84
Syllabus
dressed this factor in formulating the sentencing range for petitioners' criminal history category. See § 4A1.3. P. 111. (e) However, the District Court did not abuse its discretion in relying upon susceptibility to abuse in prison and the burdens of successive prosecutions. The District Court's finding that the case is unusual due to petitioners' exceptional susceptibility to abuse in prison is just the sort of determination that must be accorded deference on appeal. Moreover, although consideration of petitioners' successive prosecutions could be incongruous with the dual responsibilities of citizenship in our federal system, this Court cannot conclude the District Court abused its discretion by considering that factor. Pp. 111-112.
(f) Where a reviewing court concludes that a district court based a departure on both valid and invalid factors, a remand is required unless the reviewing court determines that the district court would have imposed the same sentence absent reliance on the invalid factors. Williams, supra, at 203. Because the District Court here stated that none of four factors standing alone would justify its second departure, it is not evident that the court would have imposed the same sentence had it relied only on susceptibility to abuse and the hardship of successive prosecutions. The Court of Appeals should therefore remand the action to the District Court. Pp. 113-114.
34 F. 3d 1416, affirmed in part, reversed in part, and remanded.
Kennedy, J., delivered the opinion of the Court, which was unanimous except insofar as Stevens, J., did not join Part IV-B-1, and Souter, Ginsburg, and Breyer, JJ., did not join Part IV-B-3. Stevens, J., filed an opinion concurring in part and dissenting in part, post, p. 114. Souter, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, J., joined, post, p. 114. Breyer, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, J., joined, post, p. 118.
Theodore B. Olson argued the cause for petitioner in No. 94-1664. With him on the briefs were Theodore J. Boutrous, Jr., John K. Bush, Richard J. Leighton, Joel Levine, and Ira M. Salzman. William J. Kopeny argued the cause and filed briefs for petitioner in No. 94-8842.
Deputy Solicitor General Dreeben argued the cause for the United States in both cases. With him on the brief were Solicitor General Days, Assistant Attorney General Patrick, Acting Assistant Attorney General Keeney, Irving
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