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U.S. v. MENYWEATHER

No. 03-50496.

431 F.3d 692 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Dorothy MENYWEATHER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted December 7, 2005.

Filed December 16, 2005.

Attorney(s) appearing for the Case

Nicholas A. Marsh, Trial Attorney, Criminal Division, Public Integrity Section, United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

Elizabeth A. Newman, Deputy Federal Public Defender, Los Angeles, CA, for the defendant-appellee.

Before: KLEINFELD, HAWKINS, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

For the third time, the United States appeals the sentence imposed upon Defendant Dorothy Menyweather's conviction by guilty plea to one count of mail fraud, in violation of 18 U.S.C. §§ 1341 and 1346. The government objects to the district court's eight-level downward departure for mental and emotional condition, diminished capacity, and extraordinary family circumstances, a departure that...

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