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U.S. v. Davis, No. 00-50238 (9th Cir.) (264 F.3d 813) (September 4, 2001) (Judge Susan P. Graber)

Here the Court held that a sentencing court may not depart downward under USSG ยง 5K2.13 for reduced mental capacity where the defendant's criminal history suggests a history of repeated and violent bank robberies.

 

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