United States v. Gulley

The defendant, Richard Gulley, appeals the district court’s denial of his motion for a downward departure based upon his alleged diminished mental capacity, pursuant to U.S.S.G. § 5K2.13. The record demonstrates that the district court was fully aware of its authority to grant a downward departure but determined that the defendant had not established that a departure was warranted under the applicable guideline. Because denials of motions for downward departure are reviewable only where the district court fails to recognize its authority to depart downward under the guidelines, the judgment…