U.S. v. McCOMB

No. 07-5003.

519 F.3d 1049 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Dewayne McCOMB, Jr., a/k/a "Buddy", Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 18, 2007.


Attorney(s) appearing for the Case

Stephen J. Knorr, Tulsa, OK, for Defendant-Appellant.

Neal B. Kirkpatrick, Assistant United States Attorney (David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.

Before HENRY, HOLLOWAY, and GORSUCH, Circuit Judges.


GORSUCH, Circuit Judge.

Before being sentenced on drug charges, Gary Dewayne McComb, Jr. suffered a stroke that left him with severe mental and physical impairments. At sentencing, Mr. McComb argued that his condition — including the medical attention he required and the unlikelihood he would prove a danger to others or repeat his criminal conduct — made him a candidate for a downward departure or a variance. The district court disagreed and sentenced...

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