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U.S. v. Iaconetti, No. 1:98CR10089-NG (D.Mass.) (59 F.Supp.2d 139) (July 7, 1999) (Judge Nancy Gertner)

In her analysis of the scope of § 5K1.13, Judge Gertner observed: " Broader than U.S.S.G. § 5H1.3, U.S.S.G. § 5K2.13 explicitly "encourages" a departure for a mental condition that reduces the mental capacity of a non violent offender.

For a claim of diminished capacity, attributable to compulsive gambling, to ...

 

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