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U.S. v. CANTU

No. 92-30211.

12 F.3d 1506 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Garza CANTU, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1993.

Attorney(s) appearing for the Case

Thomas E. Cooney, Spokane, WA, for defendant-appellant.

Rolf H. Tangvald, Asst. U.S. Atty., Spokane, WA, for plaintiff-appellee.

Before: CANBY, and REINHARDT, Circuit Judges, and TASHIMA, District Judge.

REINHARDT, Circuit Judge:

The Sentencing Guidelines permit a district court to depart downward if a defendant suffers from significantly reduced mental capacity that contributed to the commission of his or her offense. United States Sentencing Commission, Guidelines Manual, § 5K2.13 p.s. (Nov. 1991) ("U.S.S.G. § 5K2.13," "§ 5K2.13"). The issue before us is whether the district court has the authority to depart downward pursuant to that guidelines...

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