U.S. v. DAVIS

No. 00-50238.

264 F.3d 813 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. James Ernest DAVIS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2001.


Attorney(s) appearing for the Case

Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, California, for the defendant-appellant.

Michael J. Raphael, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: HUG, GRABER, and W. FLETCHER, Circuit Judges.


GRABER, Circuit Judge:

This appeal requires us to define the limits on a district court's discretion to depart downward under U.S.S.G. § 5K2.13 because of a criminal defendant's significantly reduced mental capacity when the court finds that the defendant's criminal history demonstrates a need for incarceration to protect the public. We conclude that the United States Sentencing Guidelines prohibit a departure in those circumstances.

BACKGROUND

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