United States v. Sheehan

STEPHEN H. ANDERSON, Circuit Judge.

Michael Anthony Sheehan pled guilty to one count of committing a robbery affecting interstate commerce, in violation of the Hobbs Act, 18 U.S.C. § 1951(a), and two counts of using and carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). At sentencing, Shee-han moved for a downward departure under United States Sentencing Commission, Guidelines Manual (“USSG”) § 5H1.3, § 5K2.0 (Nov.2002), based on a defense expert’s report that he suffered from acquired brain injury and seizure and mood disorders. The district court denied the…