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U.S. v. BROWN

No. 01-5189.

316 F.3d 1151 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Rebecca Zoe BROWN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 22, 2003.

Attorney(s) appearing for the Case

Barry L. Derryberry, Office of the Public Defender, (Jack B. Schisler, Assistant Public Defender, with him on the briefs), Tulsa, OK, for the Defendant-Appellant.

Kevin C. Danielson, Assistant United States Attorney, Northern District of Oklahoma (David E. O'Meilia, United States Attorney, and Kenneth P. Snoke, Assistant United States Attorney, on the brief), Tulsa, OK, for the Plaintiff-Appellee.

Before SEYMOUR, EBEL, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Rebecca Zoe Brown pleaded guilty to bank fraud in violation of 18 U.S.C. § 1344(1), but before her sentencing hearing, she forged two letters of support. On appeal, she argues that (1) the district court erred in refusing to grant a downward departure from the sentencing guideline range under § 5K2.13 of the United States Sentencing Guidelines based upon diminished mental capacity; and (2) that the district court err in granting a one...

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