United States v. Andre E. Riggs

ORDER

This court previously reversed the district court’s grant of a downward departure to Andre Riggs based on his diminished mental capacity under § 5K2.13 of the United States Sentencing Guidelines. United States v. Riggs, 370 F.3d 382 (4th Cir.2004). We held that Riggs was ineligible for the downward departure because the facts and circumstances of his offense indicated a need to protect the public and involved a serious threat of violence under § 5K2.13(2). Id. at 386-87. We vacated his sentence and remanded the case for resentencing. Id. at 387. Judge Duncan dissented. Id. at 387-92. The…