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U.S. v. SMITH

No. 01-50006.

330 F.3d 1209 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio Andrew SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2003.

Attorney(s) appearing for the Case

Emily S. Uhrig, Deputy Public Defender, Los Angeles, California (briefed); Elizabeth A. Newman, Deputy Public Defender, Los Angeles, California (argued); for defendant-appellant Antonio Andrew Smith.

Andrew Cowan, Assistant United States Attorney, Los Angeles, California; for plaintiff-appellee United States of America.

Before: THOMPSON, RAWLINSON, Circuit Judges, and SCHWARZER, Senior District Judge.

RAWLINSON, Circuit Judge:

This appeal assigns as error the district court's conclusion that the restriction in U.S.S.G. § 5K2.13 precluded a downward departure despite the existence of the extraordinary circumstances surrounding the defendant's mental condition. Because the district court properly interpreted the sentencing guidelines, we AFFIRM.

BACKGROUND

Antonio Andrew Smith ("Smith") pled...

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