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U.S. v. LEANDRE

No. 96-3166.

132 F.3d 796 (1998)

UNITED STATES of America, Appellee, v. Yves LEANDRE, a/k/a Jean-Claude Jean Baptiste, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1998.

Attorney(s) appearing for the Case

Carmen D. Hernandez, Assistant Federal Public Defender, argued the cause for appellant, with whom A.J. Kramer, Federal Public Defender, Washington, DC, was on the briefs. Amy Seidman, Assistant Federal Public Defender, entered an appearance.

Joseline A. Peña, Assistant U.S. Attorney, argued the cause for appellee, with whom Mary Lou Leary, U.S. Attorney, John R. Fisher, Mary-Patrice Brown, and G. Bradley Weinsheimer, Assistant U.S. Attorneys, Washington, DC, were on the brief.

Before: WILLIAMS, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

On appeal from his sentence for distribution, and aiding and abetting the distribution, of cocaine base, appellant Yves Leandre principally contends that the district court erred by failing to reduce his sentence based upon his diminished mental capacity. Although the United States Sentencing Guidelines do not include an explicit reduction...

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