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U.S. v. Shane Clements, No. 97-1699 (6th Cir.) (144 F.3d 981) (May 22, 1998) (Judge Karen Nelson Moore)

Case held that crime of transmitting a threat to extort monies (18 USC § 875(d)) was not a "non-violent" offense, and thus no departure based on diminished capacity could have been granted.

Here, although the Court agreed that § 5K2.13 does not define the term "crime of violence", it said ...

 

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