Legal Opinion

United States v. Boutot

District Court, D. Maine

Decided March 29, 2007No. CR-06-38-B-WPublished

1Opinion of the Court

SENTENCING ORDER

WOODCOCK, District Judge.

A diagnosed schizophrenic, Patrick Bou-tot attempted to possess a firearm as a direct result of his diminished mental capacity and is entitled to a downward departure under U.S.S.G. § 5K2.13. Further, as the Bureau of Prisons refused to predesignate the facility where he will be incarcerated or even, after sentencing, to consider the Court’s recommendations as to the appropriate facility, the Court concludes that Mr. Boutot is entitled to a Koon departure, based on extreme risks if incarcerated without regard for his need for psychiatric treatment. The…

2Cases cited10 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Barrett v. United StatesSupreme Court of the United States · 1976
  3. United States v. Jose Garza CantuCourt of Appeals for the Ninth Circuit · 1993
  4. United States v. Michael Neal LauzonCourt of Appeals for the First Circuit · 1991
  5. United States v. John B. RuklickCourt of Appeals for the Eighth Circuit · 1990

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