United States v. Andre E. Riggs

Vacated and remanded by published opinion. Judge SHEDD wrote the majority opinion, in which Judge NIEMEYER joined. Judge DUNCAN wrote a dissenting opinion.

SHEDD, Circuit Judge:

Andre Riggs pled guilty to possession of a firearm after having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, in violation of 18 U.S.C. § 922(g). At sentencing, the district court granted Riggs a downward departure under § 5K2.13 of the United States Sentencing Guidelines based upon his diminished mental capacity. Because Riggs is not eligible for a downward departure, we…