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U.S. v. Mitchell, No. 96-3260 (10th Cir.) (113 F.3d 1528) (May 29, 1997) (Judge Deanell R. Tacha)

One of the issues raised in this case was whether the defendant was eligible for a downward departure for reduced mental capacity based on "undisputed evidence" that he had an I.Q. of 60. The trial court declined to order a downward departure on two grounds: first, it noted that the ...

 

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