Legal Opinion
United States v. Kenneth McBroom
Court of Appeals for the Third Circuit
Decided August 28, 1997No. 96-5719PublishedCited by 54 opinions
1Opinion of the Court
MANSMANN, Circuit Judge.
OPINION OF THE COURT
Kenneth McBroom pled guilty to and was convicted of one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4). McBroom moved the district court for a downward departure pursuant to U.S. Sentencing Guideline § 5K2.13 (policy statement) on the ground that he suffered from a significantly reduced mental capacity. Finding that McBroom was able, at the time of the offense, to absorb information in the usual way and to exercise the power of reason, the district court concluded that McBroom was ineligible for a downward departure.
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2Cases cited31 opinions
- Koon v. United StatesSupreme Court of the United States · 1996
- Durham v. United StatesCourt of Appeals for the D.C. Circuit · 1954
- United States v. Mirna Rivera, United States v. Robert AdamoCourt of Appeals for the First Circuit · 1993
- United States v. Francisco Javier Barajas-NunezCourt of Appeals for the Sixth Circuit · 1996
- United States v. Donald Kenneth CurrensCourt of Appeals for the Third Circuit · 1961
26 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- United States v. Daniel Zane MohrbacherCourt of Appeals for the Ninth Circuit · 1999
- United States v. Otis W. Fellows, IIICourt of Appeals for the Ninth Circuit · 1998
- United States v. Francis X. VitaleCourt of Appeals for the Third Circuit · 1998
- Matter of GreenbergSupreme Court of New Jersey · 1998
- United States v. Leandre, YvesCourt of Appeals for the D.C. Circuit · 1998
49 more not listed; retrieve them via the Exa API.