United States v. McBroom

MEMORANDUM OPINION

BASSLER, District Judge.

Defendant Kenneth McBroom (“McBroom”) pled guilty to one count of possession of child pornography. 18 U.S.C. § 2252(a)(4)(B). The Court sentenced McBroom to 15 months’ imprisonment on October 7, 1996. In the original sentencing proceeding, the Court denied McBroom’s request for a downward departure based on his diminished capacity. The Court held that McBroom had not established his inability to absorb information in the usual way or to exercise the power of reason, and was therefore not entitled to a departure based on diminished capacity under…