Dutchie was convicted in federal court of murder for stabbing his seventy-year old grandmother, apparently because she was teasing him. He was sentenced to a term of imprisonment. He appealed the length of the sentence.

Although an increased sentence was warranted under the federal Sentencing Guidelines, the trial judge decided because Dutchie had FAS not to impose that increased sentence. 1996 WL 400220 at *3.

On the other hand, the trial judge also refused to reduce the sentence because of FAS. The court of appeals held that it had no jurisdiction to review that decision. The appellate court did hold, however, that a federal trial judge would have discretion to impose a lower sentence because the defendant had FAS. 1996 WL at *3.