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U.S. v. Aker, No. 98-1900 (1st Cir.) (181 F.3d 167) (June 28, 1999) (Judge Michael Boudin)

In denying a departure based on diminished capacity, the district court stated: "I do find diminished physical capacity, 5K2.13, and emotional condition, 5H1.3. But I do not consider the proposed departure an encouraged departure. Rather, it is a discouraged departure, and I am not able to find exceptional circumstances that ...

 

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