U.S. v. Allen, No. 01 CR 756-02(SAS) (S.D.N.Y.) (250 F.Supp.2d 317) (January 3, 2003) (Judge Shira A. Scheindlin)
Here the Court granted an eight-level downward departure due to the defendant's diminished capacity - not based on U.S.S.G. § 5K2.13 (since his mental condition was not outside th Guidelines "heartland") - but rather pirsuant to 18 USC § 3553(b).
The defendant in this case pled guilty to conspiracy to ...
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