Legal Opinion
United States v. Jose Garza Cantu
Court of Appeals for the Ninth Circuit
Decided December 27, 1993No. 92-30211PublishedCited by 93 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
The Sentencing Guidelines permit a district court to depart downward if a defendant suffers from significantly reduced mental capacity that contributed to the commission of his or her offense. United States Sentencing Commission, Guidelines Manual, § 5K2.13 p.s. (Nov. 1991) (“U.S.S.G. § 5K2.13,” “§ 5K2.13”). The issue before us is whether the district court has the authority to depart downward pursuant to that guidelines provision where a defendant suffers from post-traumatic stress disorder. We hold that it does, vacate Cantu’s sentence, and remand.
BACKGROUND
After a…
2Cases cited29 opinions
- United States v. Dario RestrepoCourt of Appeals for the Ninth Circuit · 1991
- United States v. Jose Jesus Lira-BarrazaCourt of Appeals for the Ninth Circuit · 1991
- United States v. William George HowardCourt of Appeals for the Ninth Circuit · 1990
- United States v. Carolyn Kay PoffCourt of Appeals for the Seventh Circuit · 1991
- United States v. Jose Fernando Garcia-GarciaCourt of Appeals for the Ninth Circuit · 1991
24 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Bruce Downey v. Joseph Crabtree, Warden, Federal Correctional InstitutionCourt of Appeals for the Ninth Circuit · 1996
- United States v. Troy Dennis Cropp, United States of America v. Clyde Garcia Cropp, United States of America v. Monte Clay MosleyCourt of Appeals for the Fourth Circuit · 1997
- United States v. Dorothy MenyweatherCourt of Appeals for the Ninth Circuit · 2006
- Davis v. CrabtreeCourt of Appeals for the Ninth Circuit · 1997
- United States v. Kenneth McBroomCourt of Appeals for the Third Circuit · 1997
88 more not listed; retrieve them via the Exa API.