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UNITED STATES v. RIGGS

No. 03-4017.

410 F.3d 136 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Andre E. RIGGS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

June 3, 2005.

Attorney(s) appearing for the Case

Philip S. Jackson, Assistant U.S. Attorney, Office of the U.S. Attorney, Baltimore, MD, for Plaintiff-Appellant.

Office of the Federal Public Defender, Baltimore, MD, Kelli Colleen McTaggart, Wilmer, Cutler, Pickering, Hale & Dorr, LLP, Washington, DC, James Wyda, Federal Public Defender, Office of the Federal Public, Greenbelt, MD, for Defendant-Appellee.

ORDER

This court previously reversed the district court's grant of a downward departure to Andre Riggs based on his diminished mental capacity under § 5K2.13 of the United States Sentencing Guidelines. United States v. Riggs, 370 F.3d 382 (4th Cir.2004). We held that Riggs was ineligible for the downward departure because the facts and circumstances of his offense indicated a need to protect the public and involved a...

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